JUDGEMENT
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(1.) The petition has been instituted as a public interest litigation to highlight the serious dangers to public safety that are being caused by the use of "Chinese Manjha" as an appendage to kites. The string or Manjha, it is stated, is made of metallic/nylon yarn with an abrasive coat of crushed glass gummed on it which makes it razor sharp. As a result, serious injuries are liable to be caused and are being caused. The petitioner initially relied upon a report published in the daily newspaper 'Hindustan' dated 25 September 2015 which indicated that a death had been caused as a result of an accident due to the kite string. The kite string is also known to cause grievous injuries to birds.
(2.) The petitioner has, broadly, sought three reliefs:
(i) A prohibition on the manufacture or sale of the string;
(ii) Designation of areas for the flying of kites which would obviate dangers to public safety; and
(iii) Treatment of persons who are injured.
(3.) By the order of this Court dated 14 October 2014, the Collector and District Magistrate was directed to look into the matter and formulate steps to be taken to curb incidents such as those which are highlighted in the petition. In the meantime, a direction was issued to initiate steps to spread awareness among of the inherent danger involved, to prevent the use of Chinese Manjha and to adopt suitable measures to prevent accidents. In response, the Collector and District Magistrate states that the Commissioner, Allahabad Division, in pursuance of a representation which was received by him, directed the District Magistrate by a letter dated 29 September 2015 to take necessary action. After taking a legal opinion from the Joint Director of Prosecution on 9 October 2015, the Additional District Magistrate (City) issued an order on 5 November 2015 under Section 144 of the Code of Criminal Procedure Code, 1973 prohibiting the sale and use of "Chinese Manjha" in the entire city of Allahabad. Moreover, it has been stated that a joint team of executive magistrates and police officers have made surprise raids on various shops where such material is being sold and the material found in such raids has been confiscated. The District Administration, the Court has been informed, is taking all possible steps to prevent the sale and use of "Chinese Manjha" to prevent any such incident in future.;
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