Kerala HC Division Bench Partially Lifts Ban on Firecrackers, Thrissur Pooram Fireworks Permitted

A division bench of the Kerala High Court has partially lifted the ban on bursting firecrackers at places of worship during odd hours. The bench set aside the interim order of the single bench that had banned the bursting of firecrackers at odd hours and directed inspections at places of worship in all districts to seize illegally stored firecrackers.

The division bench, comprising Justice AJ Desai and Justice VG Arun, clarified that the Supreme Court has already imposed a ban on bursting firecrackers between 10 pm and 6 am. While the ban on bursting firecrackers at odd hours remains in place, the government can grant permission for fireworks after considering the specific place of worship. The District Administration has the authority to decide on allowing firecrackers during odd hours on a case-to-case basis.

This ruling implies that there will be no restriction on conducting fireworks at Thrissur Pooram, a prominent religious festival in Kerala, if the district administration permits it. The government had filed an appeal against the single bench’s order, arguing that the ban on bursting firecrackers at odd hours overlooked various legal precedents and that the term “odd time” could be interpreted differently based on individual perspectives.

The single bench order, which led to this appeal, originated from a petition filed by residents near the Marattil Kottaram Bhagavathy Temple in Maradu, Ernakulam district. The petitioners sought a ban on the fireworks conducted during the temple’s Thalappoli festival, citing adverse effects on their families, including children, due to the noise and pollution caused by the fireworks.

The division bench also noted that the single bench had considered matters beyond the scope of the petition related to the Marattil Kottaram Bhagavathy Temple. The opposing parties have been directed to file affidavits before the single bench regarding the issue. This ruling provides a nuanced approach to firecracker regulations, allowing for flexibility in religious festivities while ensuring environmental and safety concerns are addressed on a case-by-case basis.