SC to consider ‘perpetual ban’ on firecrackers in the national capital

Bench notes that pollution reached an ‘all-time high’ during Deepavali

The Supreme Court on Monday (November 4, 2024) asked the Delhi government to take a call on imposing a “perpetual ban” on the use of firecrackers in the national capital, noting that pollution reached an “all-time high” during Deepavali.

“The Government of Delhi may take a call on the perpetual ban on the use of firecrackers in Delhi,” the apex court recorded in its order.

A Bench headed by Justice A.S. Oka indicated it would, on getting the Delhi government’s response, contemplate extending the much-flouted firecracker ban beyond the Deepavali season to cover other events and festive occasions, including weddings and even elections.

Also Read : Deepavali 2024: Which States have banned firecrackers, and what are the penalties for violating the ban?

“There is no dispute the ban was hardly implemented. As an effect of non-implementation, the pollution levels in Delhi are at an all-time high, in fact, higher than during the Deepavali days of 2022 and 2023,” the court noted in its order, referring to an expert report from the Centre for Science and Environment.

Justice Oka referred to the Centre’s move to amend the Air Pollution Act as one of the reasons for the violation of its ban.

“The problem is the amendments that came into force in the Air Pollution Act from April 1, 2024… The penal provision has been taken away by the Government of India… violators need to only pay a penalty,” Justice Oka observed orally.

The apex court made the observation after taking cognisance of newspaper reports that a series of its orders from 2016, banning firecrackers in Delhi, had gone up in smoke during Deepavali.

To file affidavits

The court ordered the Delhi government and the Commissioner of Police to file affidavits explaining why the court’s ban was not enforced. The police chief has to detail the steps which were taken to enforce the “complete ban on firecrackers in Delhi”.

“If those ban orders are not implemented, things may lead to a chaotic situation. Delhi government has to respond immediately… whose duty was it to prevent the sale and use of firecrackers…. We want our ban orders to be placed on record. We want to hear this case immediately… Something has to be worked out,” Justice Oka conveyed the urgency of the issue.

The court also ordered the Delhi government and the Police Commissioner to reveal their plans to effectively stop the sale and use of firecrackers in 2025. The affidavits have to be filed in a week.

Amicus curiae, senior advocate Aparajita Singh, submitted that a combination of farm fires and firecrackers have raised the toxicity.

“On October 30, farm fires were reported at 160 places. During Deepavali, it went up to 605 places. Pollution percentage increased from 10 to nearly 30,” Ms. Singh submitted.

The court directed Punjab and Haryana to file affidavits on the number of farm fires which occurred during the last 10 days of the month of October and listed the case for November 14.

Published - November 04, 2024 03:18 pm IST