Kerala High Court Refuses Fireworks Permission for Maradu Temple Festival, Citing Safety Concerns

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The Kerala High Court on Tuesday has once again denied permission for conducting fireworks at the Maradu Kottaram Bhagavathy Temple’s annual festival in Ernakulam. This decision, upheld by Justice Viju Abraham, reflects the court’s unwavering commitment to ensuring the well-being of the community, despite the temple officials’ intention to challenge the ruling before a division bench.

The temple committee’s plea for permission was met with significant resistance from various governmental departments, highlighting a collective concern over the potential risks associated with the fireworks display. The Ernakulam District Collector N S K Umesh’s initial denial of permission was based on comprehensive reports from the police, fire brigade, and revenue departments, all of which pointed to the insufficient space available on the temple premises to safely conduct such activities.

Justice Viju Abraham, in his observation, noted the temple’s history of non-compliance with court orders regarding fireworks.

“In 2019, the court granted permission for fireworks with strict conditions. But, that year, police registered a case for possession of dangerous and explosive materials,”

the court remarked. Further emphasizing the temple’s disregard for legal mandates, it was mentioned that the Maradu police had registered a case against the temple officials for conducting fireworks without permission on February 2 and 9.

The government’s stance was strengthened by referencing the tragic Puthiyakavu blast in Tripunithura, serving as a grim reminder of the potential consequences of negligence in handling fireworks. The proximity of the designated site for the fireworks to residential areas and roads, coupled with the temple’s lack of an explosive magazine license as required by the Petroleum and Explosive Safety Organization, were key factors in the court’s decision.

The temple committee’s argument, which emphasized the traditional significance of fireworks in the festival’s celebrations, was overshadowed by the overarching need to prioritize public safety. The incidents cited, including the 2008 fireworks accident and the 2019 illegal storage of dynamite, further validated the concerns raised by the authorities.

As the division bench of Chief Justice A J Desai and Justice VG Arun prepares to consider the temple committee’s appeal, the community awaits a final decision. This case not only highlights the legal and ethical considerations involved in preserving cultural traditions but also serves as a critical examination of how such practices can be aligned with contemporary standards of safety and public welfare.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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