In the case of Karunamoyee Samanta v. The State of West Bengal & Ors, the petitioner filed a PIL. This PIL is against the use of Chinese Manjha for flying kites.
Brief Facts of the Case
A Two- Judge Bench headed by Thottathil B. Radhakrishnan heard the case. The PIL raised the issue of the use of Chinese Manjha for flying kites. The use of Chinese Manjha poses a threat to pedestrians and motorcyclists. It is also a threat for commuters on flyovers.
Arguments in the Court
The writ petitioner approached this Court by filing this PIL. In his petition, he raised the problem of the use of Chinese Manjha for flying kites. The petition also submitted that their use was harmful to pedestrians and commuters alike.
The counsel for the petitioner used various reports to cement his argument. The petition was also based on several reports from the Commissioner of Police, Kolkata. The Commissioner, Environment Department had also filed several reports against its use.
Observations of the Court
The court observed that the aforesaid reports were pursuant to an order of the National Green Tribunal. This order imposed a complete ban on the use of Chinese/Nylon/Plastic Manjha. This type of Manjha or thread could not be used for flying kites.
The Court found merit in the petition’s arguments. It said that an order dated 22 June 2020 had modified the terms of the previous notification.
It noted that The Commissioner of Police is the Executive Magistrate. He has all the magisterial powers in the metropolitan area of Kolkata. The Court directed the police to strictly impose the order.
The Court’s Judgement
The Court ordered a strict ban on the use of Chinese Manjha. It also directed the government to ensure strict adherence.
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