“People have already invested in the firecracker business and now an injunction will lead to losses etc. you should have come a few months earlier. Come after Diwali now”1 – live law reported to the supreme court in a plea seeking a nationwide ban on firecrackers.
Diwali is celebrated in India by cracking fireworks nationwide. Delhi AQI (Air Quality Index) shows high amounts of pollution every year after celebrations. Many debates pointed out that the main reason for Air Pollution in India, especially in cities like National Capital Delhi is caused by the cracking of Firecrackers especially containing elements like barium salts.
CJI U.U LALITH VIEW ON THE PLEA
When the matter for urgent listing came before the Supreme court bench of CJI U.U. Lalith, pointed out that, the petitioner should have approached the Supreme Court earlier since the festival of Diwali was around the corner, and many people have invested their money in the fire crack business. A sudden injunction will create huge losses for them.
ORDER OF DELHI POLLUTION CONTROL COMMITTEE
The Delhi Pollution Control Committee, through a circular dated September 14, 2022, called for a complete ban on manufacturing, storage, sale, and bursting of all types of firecrackers in the National Capital of Delhi till 2024 January 1.
On 13th October 2022, a plea was moved by two entities engaged in storing and selling of Green Crackers challenging the Order of Delhi PCC on September 14 claiming that there is no valid reason to ban, including Green Crackers. The Supreme Court in this plea stated that this matter should be dealt with by the Delhi High Court.
Even though it is important to state that, the bench of Justice Shah in the Supreme Court agreed to hear a plea filed by BJP MP Manoj Tiwari. The plea challenges the order of Delhi PCC as it violates Article 19(1)(a) of the Indian Constitution. The Plea argues that the order of the National Green Tribunal dated December 1, 2020, did not envisage a blanket ban on crackers as it was passed in the context of Covid-19 existed at that time. The plea also held that there is a moderate or better AQI (Air Quality Index) level in Delhi nowadays.
S.C EARLIER DECISION ON BAN ON CRACKERS
The Supreme Court on 29th October 2022, made it clear that only crackers other than green crackers are banned. The Indian Express on 30th October 2021 reported the statement of the Supreme Court as follows ‘’The Court made it clear that “only those firecrackers are banned, as directed herein above, which are bound to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children” 2
1 https://www.livelaw.in/top-stories/people-have –already-invested-come-afteer-diwali-supreme-court-refuses-urgent-listing-for-plea-seeking-nationwide-ban-on-firecrackers-211645
