Kite Flyers Can't Modify Kite Thread To Sharpen It For Sparring With Other Flyers: Delhi HC
The Delhi High Court has held that the person who flies kite cannot modify the thread of the kite to sharpen the same for sparring with fellow sports persons.
"A person flying kites cannot modify the kite flying thread to sharpen the same for the purposes of sparring with fellow sports persons.", the Division Bench of Justice Vibhu Bakhru and Justice Amit Mahajan held.
The Court was dealing with a petition filed by one- Hathkargah Laghu Patang Udyog Samiti (Reg.). The petitioner claimed to be an association of shopkeepers dealing in sale, purchase and storage of kite flying materials including kites, thread known as 'Saddi' and "Manja" made of traditional cotton thread manufactured in smaller cities.
The petitioner's grievance was related to the notification issued by the Government of NCT of Delhi prohibiting sale, production, storage and supply of kite flying thread made out of plastic as well as synthetic material.
The petitioner refers to the second direction issued in the notification, which mandates that kite flying is permissible "only with a cotton thread, free from any sharp/ metallic/glass components/ adhesives/thread strengthening materials".
Advocate Pankaj Bhagat appearing for the petitioner contended that the language used in the notification is amenable to interpretation in wide terms. He argued that the expressions 'adhesives' and 'thread strengthening material' are wide enough to include several materials including the materials in regard to which there may be no possible objection.
Advocate Karn Bharadwaj had appeared for the Respondent-Government of NCT of Delhi.
The High Court held that the second direction of the said notification is directed to persons engaged in kite flying and is not applicable to the manufacturers or dealers of kite flying thread.
The Court further held that "Insofar as the use of strengthening materials is concerned, this Court is of the view that the said term is very wide. In the event the respondents desire to proscribe the strengthening of the thread used for kite flying, it would be necessary for the respondents to clearly specify that dealing above a particular tensile strength of the cotton thread would be prohibited."
Cause Title- Hathkargah Laghu Patang Udyog Samiti (Reg.) v. Government of NCT of Delhi & Anr.
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