The court ruled that public safety takes precedence, and those involved in illegal fireworks activities bear criminal liability regardless of festival traditions.

“Enactment of a law, but tolerating its infringement, is worse than not enacting law at all. The continued infringement of law, over a period of time, is made possible by adoption of such means which are best known to the violators of law. Continued tolerance of such violations of law not only renders legal provisions nugatory but such tolerance by the Enforcement Authorities encourages lawlessness and adoption of means which cannot, or ought not to be tolerated in any civilized society. Law should not only be meant for law-abiding but is meant to be obeyed by all for whom it has been enacted. A law is usually enacted because the legislature feels that it is necessary.…………………….” observed the Hon’ble Supreme Court in Indian Council for Enviro-Legal Action vs. Union of India (UOI) and others [ 1996 (5) SCC 281].

2. The peace of the residents of Puthiyakavau - a densely populated township near Tripunithura, Ernakulam - was shattered on the morning of 12th February 2024, by a devastating explosion caused by the violators of law, resulting in the loss of two human lives, leaving numerous injured and destroying the hopes of the inhabitants of 321 households and beyond.

3. The enduring fascination of the people of our state for pyrotechnics is well-known. Fireworks, commonly known as ‘Vedikettu’, play a significant role in religious festivities and celebrations. Over the years, the scale, intensity and use of highly potent incendiary chemicals have escalated.

4. Kerala has a grim history of fireworks-related accidents. The haunting memories of the Puttingal fireworks tragedy, where 107 persons perished in the wee hours of 10.04.2016 in a competitive firework showcased in connection with the Puttingal Devi Temple, in blatant defiance of the prohibitory orders of the District Administration, still haunts us and remains as a stark reminder.

5. On the very next day of the Puttingal catastrophe, Justice V. Chitambaresh (as he then was), in his imitable style, penned a poignant letter to the then Chief Justice of this Court, advocating for a ban on high-decibel explosives in the fireworks display, by stating as follows:

"Life is the most precious creation on this planet which cannot be replaced by money and the right to life guaranteed under Article 21 of the Constitution of India is very valuable. The Supreme Court has come down heavily on the 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 add to the woes and miseries of numerous citizens living in the vicinity.

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 firecrackers. 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".

6. The hue and cry regarding the perceived inaction by the enforcement authorities has faded out. Despite a slew of directions passed by the Honourable Supreme Court and this Court, and a plethora of statutory provisions, rules and orders being promulgated 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.

7. On 11.02.2024, at around 20.30 hours, the Sub Inspector of Police attached to the Hill Palace Police Station, while on patrolling duty, found explosives stored in the compound of Puthiyakavu Bhagavathy Temple (‘Temple’, for brevity) for conducting fireworks. Her enquiry revealed that the organizers had no licence to store the explosives or permission to conduct the fireworks. After returning to the Police Station