Court dismisses PIL, reiterates previous orders for prohibition enforcement in Uttar Pradesh
In a decisive move to address public safety concerns, the Allahabad High Court has reiterated its stance against the use, sale, and manufacturing of Chinese Manjha, a sharp kite string that poses threats to both human and avian life. The court, under the bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra, dismissed a Public Interest Litigation (PIL) filed by Himanshu Srivastava and others, seeking stringent action against the hazardous material.
The PIL, numbered 54 of 2026, sought the court's intervention to compel the State of Uttar Pradesh to decisively act against the proliferation of Chinese Manjha. However, the court observed that it had already issued comprehensive orders in previous cases, specifically referencing the order dated November 19, 2015, in PIL No. 58620 of 2015. This previous directive mandated the State Government to take all necessary steps to enforce the prohibition of Chinese Manjha.
Highlighting the redundancy of the new petition, the court noted that several other petitions on the same issue are still pending. The attempt to present the matter as pertaining to a specific district, Jaunpur, was deemed unnecessary by the bench. The court emphasized that the State of Uttar Pradesh is legally bound to adhere to the existing directions to prevent the use of Chinese Manjha, especially during peak kite flying seasons when the risk to human and bird life is heightened.
The court's order stresses the importance of activating the State machinery to enforce the prohibition effectively. The dismissal of the PIL underscores the judiciary's expectation that the State will fulfill its obligations without the need for further judicial prompting.
This judgment serves as a reminder of the judiciary's commitment to public safety and the importance of enforcing existing legal frameworks to prevent harm. The court's decision aims to eliminate the dangers posed by Chinese Manjha, ensuring safer environments for both people and wildlife.
Bottom Line:
Public Interest Litigation (PIL) seeking prohibition on use, sale, and manufacturing of Chinese Manjha - Petition disposed of as similar directions have already been issued by the Court in earlier cases.
Statutory provision(s): The judgment refers to prior court orders and directives aimed at enforcing the prohibition of Chinese Manjha, but does not explicitly mention specific statutory provisions.
Himanshu Srivastava v. State of U.P, (Allahabad)(DB) : Law Finder Doc Id # 2839042