Delhi High Court Refrains From Issuing Notice On Plea Against Ban On Firecrackers In National Capital

The Delhi High Court on Wednesday refrained from issuing notice on a petition challenging the Delhi Government's decision of imposing a "complete ban" on storage, sale and bursting of all kinds of firecrackers in the national capital, during Diwali.

A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh deferred the hearing after being informed that the Supreme Court is examining a related matter. "Let us wait for what guidance the Supreme Court is giving," the Bench remarked while adjourning the hearing to October 22.

The Bench was hearing a petition seeking a direction on the Government to consider 'Graded Regulations' instead of a complete ban.

Advocate Gautam Jha, appearing for the petitioner, referred to the directions earlier issued by the Top Court and argued that a "complete ban" was never visualized by the Supreme Court in its previous orders and hence, the Delhi Government's decision is an overreach of the judicial precedent.

"So what is your grievance? There order is in violation of Supreme Court order? So it is contempt?" the Chief Justice asked Jha, who responded,

"I'm not pitching it that high. I'm just saying the Supreme Court order allows bursting of firecrackers for a limited period on occasions, to be specified by the States, in areas where air quality is moderate." 

He therefore urged the Bench to permit bursting of green crackers in Delhi for two hours on the festival of Diwali.

"What are green crackers?" the Bench then asked.

"Use of certain chemicals is restricted in green firecrackers," Jha responded.

At this juncture, Government Counsel SK Tripathi informed the Court that a similar matter is coming up for hearing before the Supreme Court later in the day.

"The banned chemicals are still being used in firecrackers and Supreme Court is set to hear the matter," Tripathi stated.

Accordingly, the case before Delhi High Court was adjourned to October 22.

Meanwhile, Supreme Court has pulled up manufacturers based in Tamil Nadu for violating its order dated February 10, 2017 banning the use of certain chemicals in the fireworks that are dangerous & beyond safety limits. "We have already banned joint crackers. But in any celebration you go to, you will find joint crackers. How is this happening?", the Apex Court inquired.

Why Huge Quantities Of Banned Barium Chemicals Kept In Godowns? Supreme Court To Firecracker Manufacturers

The matter was heard following a preliminary enquiry report submitted by the Joint Director, Central Bureau of Investigation (CBI) at Chennai had divulged that six firecracker manufacturers based in Tamil Nadu had been using barium and barium salts in the making of firecrackers in express violation of the ban imposed by the Court on the use of such chemicals.

The Supreme Court will now take up the issue on October 26.

Case Title: Rahul Sanwariya v. State