Supreme Court nudges Delhi govt to decide on perpetual cracker ban, says no religion encourages pollution
The Supreme Court told the Delhi police to fix responsibility on SHOs for implementation of the October 14 order banning firecrackers
NEW DELHI: The Supreme Court on Monday told the Delhi government to decide by November 25 if there should be a permanent ban on firecrackers in the city, underlining that it was the right of every citizen to live in a pollution-free environment under the Constitution.
“Prima facie, we believe no religion promotes activity that encourages pollution. If firecrackers are burned in this manner, it affects fundamental rights of citizens,” a bench of justices Abhay S Oka and Augustine George Masih told the Delhi government which sought more time to decide on a perpetual ban on crackers.
The government said it would have to consult stakeholders as it has already received representations to not impose a perpetual ban because of religious festivals and marriages, among other factors.
The bench said people who opposed the firecracker ban could approach the court. “If there is anyone who is opposing the ban, let them come to this court,” the bench said, adding “On account of elections also, so many crackers are burnt. Even in marriages, we see they are used”.
The top court also took a dim view of the enforcement of the ban on firecrackers this year by the Delhi government, which issued the formal notification banning firecrackers, and the Delhi Police, which was meant to enforce the ban.
The ban was largely ignored across Delhi, sending air pollution levels to a level that was 16 times the safe limit.
After lawyer Jyoti Mendiratta appearing for Delhi government told the court that it was the police which was to implement the ban, additional solicitor general (ASG) Aishwarya Bhati stressed that the ban was imposed only on October 14, two days after Dusshera. By this time, firecracker licenses had already been issued and people had stocked crackers, Bhati explained.
“We wonder why the Delhi government delayed the promulgation of the order of October 14. It is quite possible that users who used the firecrackers during the ban period would have stocked firecrackers in advance.” the bench said.
But it did not spare the Delhi police either who faced some tough questions even on the statistics that the police produced. The court noticed that the police had only seized chemicals used as raw material for the manufacture of crackers, not crackers.
“This is an eye wash. You have only seized the raw materials for the production of firecrackers,” the bench said, and directed the Commissioner of Delhi police to file a personal affidavit if crackers were seized and notices were issued to manufacturers to stop the sale and stocking of firecrackers. The court also asked the police to list the actions taken to prevent the online sale of crackers.
The court told the police to fix responsibility on station house officers for implementation of the October 14 order and set up a special cell for implementing the ban.
The current ban, imposed on the Supreme Court’s directions in October 2018, restricts sale and production of firecrackers in the National Capital Region (NCR). This order was originally passed in response to a petition filed by three minors led by Arjun Gopal, seeking restrictions due to rising pollution levels.
Senior advocate Gopal Sankaranarayanan, who had appeared for the minors, said the court had directed the Centre to come out with formulations for green crackers but the manufacturers have been opposing it for one reason or the other.
Posting the matter for hearing on November 25, the bench directed the Delhi government to take a decision by that date on a perpetual ban and told Uttar Pradesh, Haryana and Rajasthan to inform the bench of the steps taken to ban the sale, manufacture and storage of crackers.
The court also considered pollution caused by stubble burning, open waste burning and vehicular pollution and agreed to hear these issues in detail next month.
The case originated from a petition by environmental activist MC Mehta seeking action against pollution sources in Delhi, highlighting the ongoing struggle to balance traditional celebrations with environmental concerns in one of the world’s most polluted capitals.