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Kerala HC to hear PIL seeking firecracker ban in state's temples

Matter to be heard after a sitting Judge wrote a letter to the Kerala HC asking for ban

The damaged temple building after a massive fire broke out during a fireworks display in Paravoor, north of Thiruvananthapuram in Kerala on Sunday
The damaged temple building after a massive fire broke out during a fireworks display in Paravoor, north of Thiruvananthapuram in Kerala on Sunday
BS Reporter Chennai
Last Updated : Apr 12 2016 | 11:49 AM IST
The Kerala High Court will hear a Public Interest Litigation (PIL) seeking a ban on display of high decibel firecrackers during religious events in Kerala. The PIL was filed after a fire, caused by firecracker, which claimed 109 lives and injured many at a temple festival in Kollam, Kerala on Sunday.

Justice V Chidambaresh of the Kerala High Court has written a letter to the Registrar General of High Court of Kerala seeking a ban on high decibel firecrackers. The Chief Justice of the Kerala High Court decided to hear the matter as a PIL and the same would be taken up today afternoon. The litigation will be heard by a Division Bench.

The tragedy, which took place at Puttingal Devi Temple at Paravur, left more 109 people charred to death besides many disabled and injured apart from damage to property. 

“This is not an isolated incident and statistics reveal that more than 500 people have been burnt alive in similar festivals and celebrations across the state," said the Justice in his letter.

He added that the existing law like the Explosives Act and the Rules framed thereunder or the Standard Operating Procedure (SOP) is often honoured by its breach by the organisers.

“Life is the most precious creation in this planet which cannot be replaced by money and right to life guaranteed under Article 21 of the Constitution of India is very valuable. 

The Supreme Court has come down heavily on animal race – ‘Jallikattu’ – in the name of religious celebrations and then why not fireworks which consume human lives? The deafening noise and widespread pollution caused by fireworks adds to the woes and miseries of numerous citizens living in the vicinity” Justice Chidambaresh wrote in the letter. 

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The right of profess, practice and propagate the religion of one's chose under Article 25 of the Constitution of India does not take in the freedom of use dangerous crackers. Barium, Nitrate, Potassium Nitrate, Sulphur and Aluminum Powder are the main raw materials and a banned chemical — Potassium chlorate — is used to accentuate the effect. 

Palakkad district tops the list for such man-made tragedies and I cannot turn a blind eye to these senseless celebrations in temples, churches and mosques, said the Judge.

“The time is more than ripe for immediate judicial intervention to stop such man-made tragedies by banning the use of the high decibel explosive fire crackers. Pyrotechnics display using ‘Amittu’, ‘Gundu’, ‘Kathinavedi’ etc. have to be banned and at best only low decibel Chinese type crackers can be permitted for display. Thousands gather to witness this spectacle and even the police personnel find it difficult to ward them away from the spot where the display is often made”.

Meanwhile, five committee members, including Rajendran Pillai, P S Jayalal, Krishnakutty Pillai, Ravindran Pillai and Shivaprasad of the Puttingal temple surrendered before the Police today morning.

The police was searching for 15 committee members on the charge that they had violated norms in conducting the fireworks display.

A case has been registered under Section 307 and 308 of Indian Penal Code and various Sections of the Explosives Substances Act, against 15 people, including temple's Management Committee members and workers of firework contractors. Government of Kerala had ordered a judicial inquiry by Justice Krishnan Nair, a retired Judge of High Court of Kerala.

Government of Kerala has ordered a judicial inquiry by Justice Krishnan Nair, a retired Judge of High Court of Kerala.

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First Published: Apr 12 2016 | 11:45 AM IST

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