"Why Do You Want To Increase Pollution?" : Supreme Court Asks While Hearing Plea To Lift Firecrakers Ban In Delhi-NCR

While considering BJP MP Manoj Tiwari's plea challenging the ban on firecrackers in Delhi, the Supreme Court expressed concerns regarding the pollution in Delhi.

"You're a permanent resident of NCR right? Why do you want to increase the pollution?", the bench comprising Justices MR Shah and Krishna Murari asked the petitioner's counsel Advocate Shashank Shekhar Jha.

The counsel submitted that a blanket ban was not a solution and at least green crackers should be permitted.

"Have you seen the condition after Diwali?", the bench asked. Ultimately, the bench agreed to take up the matter along with other similar pending cases and tagged it along them.

During the hearing, the bench said that the order passed by it last year was very clear and there was no need for clarifications.

Last year, a bench comprising Justices MR Shah and AS Bopanna had passed a slew of directions to ensure that banned chemicals are not used in crackers ahead of Diwali 2021. The bench had also clarified that there is no total ban on firecrackers and that only those firecrackers were banned that contained barium salts. Green crackers are permissible.

It is contended in the present petition that despite the orders of the Supreme Court refusing to put a blanket ban on the firecrackers, various states had implemented a blanket ban on storage, sale and use of all types of firecrackers and have subsequently taken coercive steps against the seller, purchaser and user of the same. This created a state of confusion for the people at large to understand whether the fireworks were allowed or not.

The petitioner stated that the Government of Delhi NCT has put a blanket ban on firecrackers and has issued directions to enforce the same. It was contended that such directions will result in harassment of innocent people during the festive season.

"Arrests and FIRs on the festive season like Deepawali and others had not only brought a very bad message to the society at large and had unnecessarily created fear, panic and anger among the masses", the petitioner stated.

The petition had raised the following issues in the matter:

"A. Whether there is a complete ban on the crackers?

B. Whether states and High Courts can put a blanket ban on the firecrackers at a time when this Hon'ble Court has refused to do the same?

C. Whether there could be coercive actions like FIR against the common people for the usage of firecrackers?

D. Whether there could be coercive actions like FIR lodged against the common people/small seller for selling of firecrackers?

E. Whether state has the responsibility to allow the citizens to celebrate their festivals peacefully without any fear?

F. Whether state can put unreasonable restrictions like curfew and Section 144 CrPC during a festival of masses?

G. Whether state has the responsibility to curb pollution through other measures?

H. Whether Apex Court being guardian of the Constitution is responsible to protect the future of India and look into this matter?"

The petitioner thus prayed the court for issuing guidelines to each state not to take coercive action against the common public in case of using or selling the permissible firecrackers during the upcoming festival seasons and issue guideline to each and every state to take necessary measures in order to reduce the pollution.

Case Title : Manoj Tiwari vs Union of India and Ors

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