SC seeks responses of Delhi govt, police over flouting of firecracker ban
A bench of justices Abhay S Oka and Augustine George Masih said the ban on firecrackers is one of the important measures to reduce pollution
The Supreme Court on Monday sought an explanation from the Delhi government and police on why the ban on firecrackers was not implemented in the Capital during Diwali celebrations and responses from the neighbouring states of Punjab and Haryana over the spike in farm fires.
A bench of justices Abhay S Oka and Augustine George Masih said the ban on firecrackers is one of the important measures to reduce pollution, citing news reports showing widespread bursting of crackers. “If that is not implemented, it will create a chaotic situation,” said the bench as it heard advocate and environmental activist MC Mehta’s petition seeking steps against sources causing pollution in Delhi.
The court directed the Delhi government and police commissioner to file separate responses “to indicate steps taken to enforce [a] complete ban on the use of firecrackers” and proposed to be taken for next year to ensure it is fully implemented. “People may bring crackers from other states. There has to be public awareness before Diwali.”
The court asked the authorities to “take a call” on a perpetual ban on firecrackers in Delhi without restricting it to the winter months around Diwali. The authorities were given a week to file responses before the court considered the matter again on November 14.
The court in October 2018 restricted the sale and production of firecrackers in the National Capital Region (NCR) after three minors filed a plea seeking a ban on them due to increasing pollution levels.
Senior advocate Aparajita Singh, assisting the court as amicus curiae, said the court order has been violated with impunity. She presented a Centre for Science and Environment (CSE) report that showed the peak concentration level of particulate matter (PM) 2.5 was 13% higher at midnight on Diwali this year compared to the past two years. The PM 2.5 levels were 34% higher this year compared to 2022.
“Farm fires and stubble fires are a deadly combination,” Singh said, referring to another CSE statistic showing farm fires in Punjab and Haryana went up to 605 on Diwali (October 31) compared to 160 on October 30.
The court said the problem has to be responded to immediately as it directed Punjab and Haryana to file their responses. It sought details of farm fires in the last 10 days of October and agreed to consider their responses on November 14 as well.
The court said there could not be any dispute that the ban on crackers was hardly implemented. “The effect of non-implementation of the ban is apparent from the CSE report that the pollution level in Delhi on Diwali was much higher than in 2022 and 2023. The same report also indicates that farm fires were on the increase during Diwali.” The court asked the Delhi government to indicate if there were any farm fires in the Capital.
Section 15 of the Environment Protection Act prescribing imprisonment of up to five years for any violation was replaced with fines ranging from ₹10,000 to ₹15 lakh in April 2024 with the passage of the Jan Vishwas (Amendment of Provisions) Act, 2023. These fines could not be imposed as the rules under the Act were yet to be framed.
Additional solicitor general Archana Pathak Dave, appearing for the Union government, informed the court that the rules are likely to be gazetted this week as the process of vetting is complete even as the translation work remains pending. The court recorded this submission and sought a compliance report.
The court also agreed to take up on the next date the steps taken to reduce open waste burning, vehicular pollution, industrial pollution, and entry of heavy vehicles into the Capital. It sought a progress report from Delhi and NCR states within a month on implementing colour-coded stickers for tagging petrol and diesel cars with blue and orange stickers.
The amicus pointed out that only 50% of vehicles in NCR have stickers and this is a far cry from the court’s December 13, 2023, order directing full roll-out of this measure. She said on December 29, 2023, the ministry of road transport and highways wrote to all states and Union territories on high security registration plates. The letter referred to the court’s order of December 13 for reporting compliance on colour-coded stickers as well.
The court said its order has not been implemented at all. It also referred to its earlier direction asking the Union government to consider Punjab’s proposal for additional funds to help small and marginal farmers buy tractors, fuel, and manpower for operating machinery to remove stubble.
The bench noted that the Union government advised Punjab to follow Haryana’s model of giving other incentives to farmers to dissuade them from burning stubble. “Once we direct you to consider their demand, you have to decide it by either accepting or rejecting it. Instead, you exercise advisory jurisdiction by telling them to follow Haryana. It cannot be kept pending in this manner,” the court said, granting two weeks to take a call.
Dave said that the government has in the past given funds to both states and a fresh demand was unjustified.