'No Religion Encourages Any Activity Which Creates Pollution' : Supreme Court On Firecracker Ban Violation In Delhi On Diwali

In the context of the use of firecrackers in Delhi which led to a worsening of air quality in Delhi-NCr, the Supreme Court on Monday (November 11) observed that no religion encouraged any activity which created pollution.

"The right to live in a pollution-free atmosphere is a fundamental right of every citizen which is protected by Article 21 of the Constitution of India. We are of the view that no religion encourages any activity which creates pollution. If firecrackers are burnt in this fashion it also affects the fundamental right to health of the citizens," the bench comprising Justices Abhay S Oka and AG Masih observed.

Last week, the Court had called upon the Delhi Government and the Delhi Police Commissioner to explain how the firecracker ban was imposed in Delhi, after certain reports showed that air pollution was at an "all-time high" in the National Capital Region after Diwali.

Today, the Court expressed dissatisfaction with the manner of enforcement, saying that the ban order impsoed by the Delhi Government on October 14 was not taken "seriously" by the Delhi Police. The Court agreed that there was some substance in the grievance made by the Additional Solicitor General of India that the ban was imposed late. Yet, the Court said that the Delhi Police ought to have informed all licence holders to forthwith stop the sale of firecrackers.

"We direct the Commissioner of Police Delhi to immediately take action of informing all concerned about the said ban to ensure that during the subsistence of the ban no licence holder manufacturers stores or sells firecrackers. Delhi Police must immediately inform those entities that sell firecrackers online on marketing platform to stop sale and delivery of firecrackers within the limits of National Capital Territory of Delhi. We direct the Commissioner of Police to set up a special cell for implementation of the order of ban and hold SHOs of all local police stations responsible for enforcing the ban through the year," the Court observed.

The Court also wondered why the Delhi Government delayed the notification of the ban till October 14 as it was quite possible that by that time the users who actually used the firecrackers during ban period must have acquired the stock of firecrackers.

The counsel for the Delhi government stated that the government will take a decision on extending the ban throughout the year after consulting all stakeholders. The Court directed the state government to take appropriate decision on or before 25th November.

The Court directed the Commissioner of Police Delhi to take effective steps to implement the ban and file a personal affidavit before November 25 putting on record the steps taken.

The Court also called other NCR States to respond on the issue of banning manufacture, storage, sale and bursting of firecrackers within the limits of NCR States. All states must respond before 25th of November.

Case no. – WP (C) 13029/1985

Case Title – MC Mehta v. Union of India

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