Won’t interfere with firecracker ban in Delhi: SC

Ahead of the festive season, the Supreme Court on Wednesday said that it would not interfere with a decision of a state government if it decides to impose a complete ban on firecrackers, including green crackers, to check pollution level and people should find other ways to celebrate.

NEW DELHI: Ahead of the festive season, the Supreme Court on Wednesday said that it would not interfere with a decision of a state government if it decides to impose a complete ban on firecrackers, including green crackers, to check pollution level and people should find other ways to celebrate.

A bench of Justices A S Bopanna and M M Sundresh passed the observation when an advocate appearing for BJP MP Manoj Tiwari submitted that many state governments, including that of West Bengal and Delhi, had imposed a total ban on firecrackers last year and it was against the order of the apex court. He said that the top court had banned only more polluting firecrackers but allowed green crackers and a total ban should not be imposed.

“As per the Supreme Court verdict, green crackers are allowed but a complete ban was imposed last year in Delhi and West Bengal. It was the Calcutta High Court which had last year clarified that there was no ban on green crackers. There are many states which are imposing complete ban despite the order of this court,” the lawyer appearing for the politician submitted.

The bench, however, was not convinced and virtually favoured total ban if it is required to be done to check life threatening pollution levels. "If government decides to ban then there is a ban. We will not interfere," the bench said.

"If you feel like bursting crackers then go to a state where it is allowed...do something for people. You should be telling your supporters not to do it," the bench said.

The bench also raised questions on how political parties manage to procure “joint firecrackers” and burst them to celebrate election victory as they are banned and the Centre also submitted manufacturing and sale of “joint firecrackers” are not allowed. "You can celebrate victory in different ways," the bench observed.

The apex court has been hearing since 2015 a batch of petitions pertaining to firecrackers and imposed a blanket ban on their sale in the National Capital Region in November 2016 directing the Centre to suspend all licences allowing sale of fireworks. Later on, SC extended the ban to across the country and allowed only green crackers. As its ban order was not effective, SC had in 2021 directed that top bureaucrats including chief secretary and the police commissioner of concerned area and other officials shall be held personally liable for violation of its order.

Additional solicitor general Aishwarya Bhati, appearing for Centre, told the bench that a mechanism has been put in place to keep a check on manufacturing and sale of polluting crackers and to take punitive measures. It said that necessary training has been imparted to more than 1,000 manufacturers for producing green crackers and labs have been set up to check composition of crackers. She submitted that regulatory mechanism, covering all steps from approval of formula of green crackers to its manufacture, sale and usage along with the updated safeguard, is in place.

At the end of hearing, the bench asked Delhi police to respond on action taken by it to implement its order. The hearing would continue on Thursday.

Source