NEW DELHI: The Supreme Court on Wednesday refused to interfere with the Delhi government order banning the sale and bursting of firecrackers in the national capital during Diwali.
Environment Minister Gopal Rai had on Monday announced the Delhi government’s decision to ban all types of firecrackers.
“This winter, the manufacture, sale, storage, and use of all types of firecrackers will remain banned in Delhi. Licences will not be issued by Delhi police for the sale, storage, or manufacture of firecrackers,” Rai had said.
A bench comprising Justices AS Bopanna and MM Sundresh said, “Where the government has banned firecrackers, it means a complete ban. People’s health is important. If you want to burst firecrackers, go to states where there is no ban. Wherever there is a ban, there is a ban. If you feel like bursting crackers, go to a state that has not banned it.”
The court, however, directed Delhi police to apprise it of steps it would take to enforce the ban.“So far as Delhi is concerned, there have been earlier orders not to allow. This year, in any case, the ban is there. But the concern is even if there is a ban how does this happen? There has to be an answer to this,” the bench remarked.
The court was considering a plea seeking to reduce the harmful effects caused by firecrackers. Advocate Shashank Shekhar Jha, appearing for the petitioner, BJP leader Manoj Tiwari, told the court that many states were imposing a complete ban on firecrackers despite the top court’s order to only allow the bursting of green crackers.
As Jha cited the example of states that allow political parties to burst firecrackers when poll results are declared, Justice Bopanna said, “You can celebrate your victory in other ways.. do something to help the people. In election processions, they are burst. Wherever there is a ban, there is a ban. If you feel like bursting crackers, go to a state that has not banned it. You should be telling your supporters not to burst it.”
Complying with the court’s August 31, 2023 order directing the Petroleum and Explosives Safety Organization (PESO) to inform it about the regulatory mechanism in place to ensure quality control over green crackers, ASG Aishwarya
Bhati, appearing for it, informed the bench that for expediting the usage of green crackers, it had already instructed all the fireworks manufacturers licensed by PESO to comply with the orders. She also said that PESO has also advised all fireworks manufacturers to obtain emission test reports for improved formulation or new formulation (green cracker) composition from CSIR-NEERI.
