Plea In High Court Seeks Modification Of Delhi Govt's Order Completely Banning Sale, Use Of Firecrackers Amid Diwali, Asks For Graded Regulations Instead

A plea has been filed in the Delhi High Court seeking modification of Delhi Government's order imposing a complete ban on storage, sale and use of firecrackers during Diwali festival. The petition also seeks a direction on the Government to consider 'Graded Regulations' instead of a complete ban.

Filed through Advocates Gautam Jha, Pankaj Kumar and Sweta Jha, the plea also seeks directions on the Delhi Government to give details of the steps taken to curb pollution in the national capital from the year 2017 to 2021.

Stating that the Delhi Government's order dated September 15, 2021 is arbitrary and unreasonable, the petition avers that the aforesaid decision tries to overreach and violate the decisions delivered by the Supreme Court, which according to the petition, has never imposed a complete ban on Firecrackers.

"The Respondent has clearly failed whilst using its discretion, he was ought to consider Graded Regulations instead of a complete ban on firecrackers on the auspicious day of Diwali. In fact even the Honble Supreme Court of India has acknowledged in the above-mentioned judgments that there have been lots of efforts for production of firecrackers, which do not contain harmful chemicals and thereby not causing air pollution such as "Green Crackers," the plea states.

The petition also states that banning completely the use of firecrackers only on the occasion of Diwali on an anticipation of Pollution hurts the sentiments of millions of persons who celebrate Diwali by use of fire crackers irrespective of caste and religion.

"The decision of the Respondent is not suitable and legitimate because it is not capable of achieving the ultimate aim to curb Pollution in the NCT Of Delhi. The irrational and unreasonable decision of the Respondent does not represent any gain, when the restriction in enjoyment of rights, liberties and interests of the large Public is weighted against the level of realization of the aim and objective, i.e. to curb Pollution, that is a longs term goal of the Respondent. In fact the Respondent is vicariously and absolutely liable for the present situation of the Pollution in the NCT Of Delhi," the plea adds.

The plea seeks the following prayers:

- Issue an appropriate Writ, Order or direction, directing the Respondent to modify its decision/order dated 15.09.2021 by which the storage, sale and use of firecrackers has been completely banned in State Of NCT Delhi.

- Issue an appropriate Writ, Order or direction, directing Respondent to consider for Graded Regulations instead of a complete ban on firecrackers during the Diwali Festival.

- Issue an appropriate Writ, Order or direction, directing Respondent to give details of the steps taken to curb Pollution in the NCT Of Delhi from 2017 till 2021.

Title: Rahul Sanwariya & Anr v. State of NCT of Delhi