NEW DELHI: The Delhi High Court on Monday said that it cannot allow the sale of firecrackers within Delhi even to those who may want to use them outside the national capital, where there may be no prohibition on their use.
“If someone from an area with excellent air quality comes here in Delhi and you sell it to them, that will be in clear violation of the orders. The ‘sale and use’ means you can’t sell it in Delhi and you can’t use it in Delhi by bringing it from outside,” said Justice Sanjeev Sachdeva.
The court was hearing a plea by a group of traders who sought permission to sell firecrackers to people outside Delhi who come to the city to buy them. Their licences were suspended by the Petroleum and Explosives Safety Organisation (PESO) on October 21.
The plea was dismissed after the firecracker traders through their counsel, Rohini Musa, withdrew their petition stating that since Diwali is only three days away, they should be allowed to withdraw it reserving rights to challenge the validity of the orders later.
The court observed that the orders passed by the Supreme Court and the National Green Tribunal were "coming in the way" of petitioners, and added that the petitioners may have chosen in the wrong forum. “The counsel should move the Supreme Court seeking clarification in the matter,” the court said.
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Meanwhile, the court also observed that Delhi needs to be very careful considering the surge in the number of Covid-19 cases. “Have you seen the interview of the Director of AIIMS yesterday? He says probably the surge has started now and we have to be very careful. After a gap of 36 days, the cases escalated,” the court added.
On the question of sale of firecrackers outside Delhi, advocate Kirtiman Singh appearing for the Centre expressed his apprehension that such an order may be misused by traders to sell the firecrackers anywhere in the country.