Orders against fireworks fell on deaf ears: Kerala High Court

KeLSA directed to explore possibility of redressing grievances of affected persons
Kerala High Court.
Kerala High Court.EPS

KOCHI : Observing that the memories of the Puttingal fireworks tragedy which claimed 107 lives still haunt and remain a stark reminder, the Kerala High Court said that despite a slew of directions from the Supreme Court and rules imposing stringent restrictions on the display of fireworks, nothing seems to deter the perpetrators, who continue to infringe the law with impunity, which at times is being tolerated by the enforcers. Justice C S Dias made the remarks while dismissing the bail plea of Anil Kumar, Santhosh Kumar, Krishnankutty Nair, Satheesan, Sasikumar and Renjith, who are the accused persons in the fireworks tragedy that occurred in Puthiyakavu temple on February 12.

On visualising the trail of miseries of hundreds of innocent people, due to illegal actions of the infringers of the law, with the tolerance of the enforcers, and that the locality is said to be covered by public liability insurance coverage, the matter warrants the intervention of the Kerala Legal Services Authority (KeLSA), especially because the lives and property of many are in peril.

Therefore, KeLSA is directed to explore the possibility of organising an adalat endeavouring to redress the grievances of the persons affected, said the court.

The police filed a report stating that neither the police nor the statutory authorities have given any licence or permission to the temple devaswom or the Vadakkumpuram thalapoli festival to conduct the fireworks. Though advance notices were served on the office-bearers of the Vadakkumpuram thalapoli committee and the Puthiyakavu temple devaswom, directing them to refrain from conducting the fire display, they secretly brought and stored the firecrackers.

The petitioners violated the directions of the police. The illegal action of the petitioners has caused the loss of two lives, injuries to six persons and damage to 321 dwellings. During the investigation, the notice published by the temple devaswom was seized. The notice clearly states that the festival is being conducted under the aegis of the Puthiyakavu temple devaswom.

The court said the office-bearers showed the boldness to store explosives in the temple compound on the previous day and then bring explosives from Pothencode on the following day, and store them in a shed and van at Choorakad. The materials prima facie substantiate the involvement of the petitioners in the crime. It is well settled that merely because the petitioners have undergone a certain period of detention, the same is not a circumstance to enlarge them on bail if the offences are serious.

‘Office-bearers took law into their hands’

The court said that notwithstanding the police issuing advance notices and forewarning the office-bearers of the Vadakkumpuram thaapoli committee and the Puthiyakavu temple devaswom from conducting the fireworks, they took law into their hands.

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