A recent decision by a Division Bench, led by the Chief Justice of the Kerala High Court, has invalidated a temporary ruling made by a single judge from the same court. The single judge's ruling had allowed raids on religious establishments to seize illegally stored fireworks. The Division Bench clarified that the restriction on setting off firecrackers applies only between 10 pm and 6 am, as opposed to the vague reference to an "odd time" in the single judge's order.

The Division Bench, comprising Chief Justice AJ Desai and Justice VG Arun, issued this order in response to an appeal by the State Government against the single judge's ruling. The State Government raised concerns, including the lack of clarity in the interim order banning firecrackers during an "odd time" and pointed out the existence of government regulations governing firecracker usage. The Division Bench noted that the single judge had overstepped the limits of the Writ Petition by issuing broad directives.

The bench's decision affirmed the state government's authority to issue orders regarding specific temples and indicated that the time restriction between 10 pm and 6 am could be adjusted if deemed necessary, following Supreme Court guidelines. The Court made it clear that the State is empowered to take action against the illegal storage of firecrackers. Furthermore, the rules governing the "Thrissur Pooram" Temple Festival will continue to be governed by the specific order previously issued by the Apex Court for that festival.

During the hearing, the Division Bench expressed its commitment to follow the directives issued by the Supreme Court regarding the use of firecrackers. They also noted that the Single Bench had issued the interim order in a Writ Petition dating back to 2015, which was still pending a final hearing.

Justice Amit Rawal's bench had issued an order instructing authorities to inspect religious sites for unlawfully stored fireworks and confiscate them. The order also prohibited setting off fireworks in religious places at unconventional hours, as there appeared to be no religious commandment in any holy scripture to use fireworks for religious purposes.

In a prior interim order, the Single Bench had instructed the State to present orders issued by Collectors allowing temples to use fireworks and whether specific time limits had been imposed in those orders. The Court also directed the State to explain why fireworks were allowed in temples without seeking permission from the Pollution Control Board, considering the potential for environmental and noise pollution. This interim order was dated October 27.

The case being deliberated upon originally dates back to 2015 when a Writ Petition was filed to prevent the use of fireworks in all religious places in Kerala. The Petitioners argued that explosive licenses were granted by the District Collector according to Explosive Rules, but only a few temples had such licenses. They further argued that even if licenses were granted to temples, they should not be given as fireworks caused noise and air pollution and were set off at irregular hours, disrupting the peace. The Single Bench, in its interim order, took note of the Petitioners' allegations, and the Court mentioned hearing the noise from fireworks, even after midnight, emphasizing the disturbance they caused.

Case: State of Kerala v. Binoj KB & Ors. (WA 1935/ 2023).