Firecracker Ban: Delhi High Court Directs Licensed Dealers To "Strictly Refrain" From Making Sales Until January 01

The Delhi High Court has recently directed the licensed firework dealers to refrain from selling any firecrackers in the national capital until January 01, 2025.

While dealing with a plea moved by Delhi Fire Works Shopkeepers Association, Justice Sanjeev Narula ordered:

“All the members of the Petitioner Association shall strictly refrain from engaging in the sale of any firecrackers during the subsistence of the ban imposed vide the Impugned notification, effective until 1st January, 2025. This order extends to all individuals holding a valid permanent license, who are members of the Petitioner Association.”

The petition challenged the Delhi Government's notification imposing a blanket ban on the manufacturing, storage, and sale of firecrackers within the national capital effective until January 01, 2025.

It was the Association's case that the licensed firework dealers hold a valid license issued under the Explosives Act, 1884, permitting them to lawfully store and sell fireworks. 

Their grievance was specifically regarding the blanket prohibition on the storage of fireworks, claiming that it indiscriminately affected those who possess valid, permanent licenses for such storage within Delhi.

The Association submitted that the said aspect of the notification was excessive and unjustified, as it penalized individuals operating within the legal framework and curtailed their rights to possess and store fireworks under the licenses issued to them.

The Court observed that individuals holding a valid license for the possession of explosives, as granted under the relevant rules, are permitted to store fireworks only up to the licensed quantity and exclusively within the licensed premises.

“Any alternative storage arrangement for fireworks, not authorized under the Explosives Rules, 2008, is strictly prohibited and deemed impermissible under the regulatory framework,” it said.

The Association, in order to prevent any pilferage and ensure that no fireworks are sold during the subsistence of the ban, voluntarily offered that their licensed premises where the fireworks are stored may be sealed for the duration of the Impugned notification.

Accordingly, Justice Narula directed the Association to submit a consolidated list of all licensed premises, where firecrackers are stored and ordered that the concerned Sub-Divisional Magistrates shall ensure that the identified premises are sealed.

“To facilitate the smooth and effective execution of the sealing, the concerned Station House Officers (SHOs) of the respective local police stations are directed to extend full cooperation and assistance, if so required. The entire process of sealing the premises shall be recorded on video and preserved with the SDM,” the Court said.

It clarified that the premises shall remain sealed in accordance with the directions of the Court until the expiration of the ban imposed under the impugned notification, i.e., until January 01, 2025.

“Upon lapsing of the notification, the concerned Sub-Divisional Magistrates (SDMs) shall ensure that the premises are de-sealed promptly. A compliance report shall be filed before this Court within three weeks thereafter,” the Court said.

Title: DELHI FIRE WORKS SHOPKEEPERS ASSOCIATION v. DELHI POLLUTION CONTROL COMMITTEE & ORS.

Citation: 2024 LiveLaw (Del) 1175

Click here to read order