‘Call taken due to Covid, pollution’: Delhi doubles down on cracker ban
Justice Sanjeev Sachdeva, while hearing a plea by 50 licensed traders seeking to sell the so-called green crackers in Delhi, was told by advocate Naushad Ahmed Khan, additional standing counsel of the Delhi government, that it has seized more than 11,000 kg of firecrackers till October 24 this year.
The Delhi government on Monday told the high court that it will not allow any firecrackers, including “green crackers”, to be sold and used in the Capital in wake of Covid-19 pandemic and the deteriorating air quality.
Justice Sanjeev Sachdeva, while hearing a plea by 50 licensed traders seeking to sell the so-called green crackers in Delhi, was told by advocate Naushad Ahmed Khan, additional standing counsel of the Delhi government, that it has seized more than 11,000 kg of firecrackers till October 24 this year.
“In the last one year we are not adding any additions to the fire crackers and simultaneously we have carried out raids… wherever large-scale crackers are found… 11,119 kg firecrackers were seized till October 24..,” he said.
Khan also told the court that Covid-19 is not over yet, though restrictions have been lifted on several activities.
“Covid-19 is not yet over, we have to see all aspects including opening of school, trade avenues and everything we are doing. Some restrictions have been lifted and some are still in place,” he said, adding that the ban is in consonance with the earlier order passed by the Supreme Court on July 23, 2021 where it had said that the use of firecrackers could be disallowed due to considerations such as Covid and air quality.
The Delhi government’s submissions were made while hearing the petition filed by Jai Kishan Fireworks, among 50 licensed traders who sought permission to sell green firecrackers in the Delhi-NCR region. The petitioners also sought permission to sell these firecrackers within Delhi to people coming from outside the Capital.
Green crackers cause less air pollution than the regular variety since they do not contain barium salts. One of the petitioners said crackers of this variety are not available in Delhi because the state government “did not allow their use despite a go-ahead from the Supreme Court”. The petitioner said he wrapped up his business in the city after the ban.
The court, while allowing the petitioners to withdraw their petition, declined to grant permission to sell firecrackers in Delhi, even to people from outside the city.
“If somebody were to come, say from an area ‘A’ where the air quality is excellent and there is no prohibition and were to come to you in Delhi and purchase it from you, then the point of sale will be Delhi which would be in contravention of the order of the Supreme Court. 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,” justice Sachdeva said.
The court also said that in case the petitioners want relief then they ought to have moved the apex court or the National Green Tribunal for clarification.
“Please go to the Supreme Court. The Supreme Court is already looking into the issue today. Seek clarification. [The high court is the] wrong forum. Inform National Green Tribunal. They are a specialised body,” the judge said.
NGT, on December 2, 2020, announced a total ban on the sale and use of all kinds of firecrackers during Covid-19 pandemic in the National Capital Region and all towns in the country where the ambient air quality falls below the “poor” category.
This July, the Supreme Court refused to interfere with the NGT order while observing that scientific studies are not needed to ascertain the side effects of firecrackers on the health of citizens.
Only 11% bad air plaints in NCR resolved: CPCB
Agencies that are supposed to tackle air pollution-related complaints across the National Capital Region are faring poorly, according to the Central Pollution Control Board (CPCB) data. Only 11% of the complaints have been resolved since October 15, when measures under the Graded Response Action Plan (Grap) first come into force, the data shows. Delhi is faring worse, with only 9% of all complaints (26 of 277) resolved.
Between October 15 and October 30, only 47 of 424 complaints were resolved by agencies in Delhi and NCR cities in Haryana, Uttar Pradesh and Rajasthan.
In Delhi, the north corporation received the most complaints so far (103), but has only been able to resolve two of these.
This is followed by the south corporation, which received 88 complaints between October 15 and October 30, but was only able to resolve two. The east corporation received 20 complaints, and resolved seven complaints.