Licensed Traders Approach Delhi High Court Seeking Permission To Sell Green Firecrackers Ahead Of Supreme Court Order

About 50 licensed traders have approached the Delhi High Court seeking permission to sell green firecrackers on the occasion of Diwali in the national capital ahead of Supreme Court's order stating that there was no total ban on use of firecrackers. The Apex Court had clarified that only those firecrackers were banned that contained barium salts.

Justice Sanjeev Sachdeva, before whom the petition was listed on Saturday, posted the matter for hearing on Monday after granting time to the parties for seeking instructions in the matter.

The Delhi Government opposed the petition by arguing that in view of the decision delivered by National Green Tribunal which said even the use of green firecrackers were prohibited, such crackers cannot be sold or its stocks cannot be moved out of the city.

On the other hand, appearing for the petitioners, Advocate Rohini Musa argued that pursuant to the Apex Court's decision, the traders must be allowed to sell green firecrackers.

The Supreme Court on Friday issued a series of directions to ensure the strict implementation of its earlier orders banning the use of barium-based chemicals in fire crackers and allowing only the use of "green crackers".

A bench comprising Justices MR Shah and AS Bopanna said "It is made clear that there is no total ban on use of firecrackers. Only those firecrackers are banned, as directed hereinabove, which are found to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children."

In view of this, the petition states that the decision of the Delhi Government imposing an absolute ban on firecrackers is in violation of their fundamental right to profess and continue their trade in environmentally friendly green crackers.

The plea adds that the decision is also in violation of the Apex Court's order clarifying that there was no ban on storage, sale and use of green crackers.

"The petitioners have been holders of permanent licences for more than two decades and therefore, are responsible businessmen and undertake to conduct their business in strict accordance and compliance of the orders of the Supreme Court and the NGT," the plea reads.

The matter will be heard tomorrow.