anguished at ban being given communal colour(Eds: Recasts intro)New Delhi, Oct 13 (PTI) The Supreme Court today rejecteda plea by traders to allow sale of fireworks in Delhi and theNCR for at least a day before Diwali even as it voiced itsanguish over attempts to give a "communal colour" to its banorder.
The court did so while refusing to relax its October 9order banning the sale of firecrackers in Delhi and theNational Capital Region(NCR) till October 31. Diwali falls onOctober 19.
The traders had moved the top court seeking relaxation ofthe ban, saying that a huge amount of money has been investedby them after their licences were revived and the latest orderwould cause massive loss to them. They sought permission ofthe apex court to sell crackers for at least a day or twobefore Diwali.
"We are not going to relax the order as far as sale offirecrackers is concerned," said a bench comprising Justices AK Sikri and Ashok Bhushan said.
It said Diwali would not be "cracker-free" in Delhi-NCRas people would burst the firecrackers which they hadpurchased before the ban order.
During the hearing, advocate Prashant Bhushan, appearingfor one of the parties, referred to certain statements made bysome political leaders after the court's October 9 order.
"Do not make it political. We are pained to hear thatsome people tried to give it a communal colour. We are pained.
It is sad," the bench said.
"Sale of firecrackers, which has already taken placebefore the ban order, people will burst it and that will besufficient. Anyhow, it is not going to be a cracker-freeDiwali," the court observed.
When Bhushan said some statements have been made thatpeople would buy firecrackers from outside the Delhi-NCR andthis would defeat the whole object of the order passed by thetop court, the bench said, "this is an anguish expressed onour order".
The court said its ban order for this year during Diwaliwas an experiment to examine its effect on the pollution levelin the region.
At the outset, senior advocate Mukul Rohatgi, appearingfor firecracker traders, said he did not want to argue thematter but only give a suggestion that sale of crackers shouldbe allowed at least a day or two before Diwali.
He also suggested that the court could restrict thetimings for bursting firecrackers or its sale.
Rohatgi said that pursuant to the apex court's September12 order temporarily lifting the stay and permitting sale offirecrackers in Delhi-NCR, traders had got licences andinvested money in it as well.
"Diwali is a festival which is being celebrated sincelong. Delhi is not an exception. The problem of pollution iseverywhere. There are number of children and persons who wantto celebrate Diwali," he said while seeking relaxation on theban order.
He said the sale of firecrackers should be permitted fortwo days or at least a day before Diwali.
The other advocates, seeking a relaxation on the ban,said the firecracker industry was highly regulated andthousands of people employed in it, besides Diwali was acultural event irrespective of the community.
"This would be against the very spirit of the order," thecourt said.
Some of the licencees told the bench that licencesgranted to them would expire on October 21 while the ban orderwould be in force till October 31.
The bench said they can make a request to the authoritiesto extend the period of licence beyond November 1, when theSeptember 12 order of the apex court would come into effect.
During the hearing, the bench also said that firecrackersshould be allowed to be burst till 11 PM and not beyond thatbecause it also caused noise pollution.
However, advocate Gopal Shankarnarayanan, appearing forpetitioner Arjun Gopal on whose plea the ban order was passed,said the court should not give any clarification as its orderwas clear.
When a counsel raked up the issue that Diwali wascelebrated by all communities, the bench said, "we are notentering into this debate. Our order was not influenced by allthat."The court also asked the Delhi Police to implement itsorder banning sale of firecrackers.
The apex court, while banning the sale of firecrackerstill October 31, had said its September 12 order would bemade effective only from November one.
It had said its November 11, 2016 order suspending thelicences "should be given one chance to test itself" to see ifthere is a positive effect of this, particularly duringDiwali. PTI ABA PKS MNL RKS ARC GSNGSN.
This is unedited, unformatted feed from the Press Trust of India wire.