‘Firecracker ban not to target any festival, but to protect right to life': SC

A bench headed by chief justice of India (CJI) NV Ramana, lamented that people should at least be able to breather clean air.

The Supreme Court on Thursday said the firecracker ban in Delhi and other parts of the country was not targeted at any community or festival but to protect the right to life of the citizens, even as another top court bench directed the Union government to take all possible steps to stop stubble burning in states neighbouring the national capital.

There have been several instances of people linking the ban to restrictions posed on Hindus since firecrackers have come to be an integral part of how Diwali is celebrated. (HT PHOTO.)

Justice MR Shah, during a hearing of the firecracker ban by a bench also comprising justice AS Bopanna, said: “We are not against any particular community. We are not against any particular festival or celebration. But we cannot permit anyone to play with the right to life of others in the guise of celebration. We want to send strong message that we are here for the protection of fundamental rights of the citizens.”

“Nobody should believe that this order or that order is against a particular so and so...this (ban) is for everyone. We are not against enjoyment and celebration but can anybody say this enjoyment can happen at the cost of lives of the others?” asked the bench, adding it wants strict enforcement of its directives banning firecrackers.

To put this in context, there have been several instances of people linking the ban to restrictions posed on Hindus since firecrackers have come to be an integral part of how Diwali (November 4 this year) is celebrated.

Meanwhile, also on Thursday, a bench headed by chief justice of India (CJI) NV Ramana, lamented that people should at least be able to breather clean air.

“We are not concerned about your status reports and affidavits. Ultimately, people should able to breathe free, clean air. That’s our concern,” the bench told solicitor general (SG) Tushar Mehta.

Mehta, who was appearing for the central government in a public interest litigation filed by a 17-year-old Delhi student, Aditya Dubey, claimed that substantial progress has been made with regard to reduction in crop residue burning in Delhi’s neighbouring states such as Haryana, Punjab and Uttar Pradesh, and that steps are being taken on a war footing.

The CJI’s bench, which included justices Surya Kant and Hima Kohli, however, was categorical that the efforts can only be seen when people are able to breathe freely.

It also drew the attention of the SG to a stubble removal machine recently developed by a group of researchers at IIT Ropar. “You should see if this device can actually help,” justice Kant told Mehta, who agreed to look into the solution offered by the group.

On their part, senior advocate Vikas Singh and Ashwini Dubey, appearing for the petitioner, referred to the deteriorating air quality in Delhi-NCR due to stubble burning, and requested the top court to issue some urgent directions to the Centre and the states.

“We know that. That is why we have directed them to take appropriate steps immediately,” replied the bench, asking the lawyers to give their suggestions to Mehta on tackling the menace. Fixing the matter for hearing in the second week of November, the court also directed the Delhi government to file its response to the petition on the measures to ensure better air quality.

Dubey filed a PIL in the court last year, alleging that authorities have failed to protect his fundamental right to clean air and health by not controlling air pollution.

The other Supreme Court bench of justices Shah and Bopanna, also expressed concern on Thursday over the increase in pollution during the winter season owing to stubble burning.

This bench was considering a clutch of applications for the implementation of its October 23, 2018 judgment that took note of the deteriorating air pollution in major cities and prohibited the production of all traditional firecrackers, including joined crackers such as ‘laris’ that use barium or its salts.

The petition, filed by a group of minor children, also cited stubble burning a chief cause of air pollution in Delhi-NCR, adding that right the to breathe clean air was an aspect of the constitutional right to life.

“Stubble burning is the main issue. We have to hear that urgently. That’s a major problem,” rued the justices as they posted the matter in the second week of November.

Senior advocate Gopal Sankaranarayanan, appearing for his minor son Arjun Gopal, who is one of the petitioners in the case, said Delhi’s air quality has already plunged into the “very poor” category.

“We know how people of Delhi are suffering,” replied the bench.