The Supreme Court on Friday questioned the basis for having a firecracker ban rule applicable exclusively for Delhi and national capital region (NCR) observing that citizens across the country are entitled to a pollution-free environment and any ban should be part of a policy applicable throughout the country.
The observations were made by a bench headed by Chief Justice of India (CJI) Bhushan R Gavai while hearing a batch of applications filed by firecracker manufacturers who objected to the year-long ban applicable to the sale and manufacture of firecrackers in Delhi-NCR.
Issuing notice on the applications, the bench, also comprising Justice K Vinod Chandran, said, “If citizens in NCR are entitled to pollution-free air, why not so for people in other cities.”
The CJI said that last winter he was in Amritsar on his visit to Golden Temple and was told that the pollution there is worst than in Delhi. The bench remarked, “Just because Delhi is the Capital city and Supreme Court is situated here, should citizens in other cities not get pollution-free air.”
The observations of the court came in the context of challenge made by the firework traders who said that livelihood of several families is dependent on this industry.
Senior advocates Dama Sesadari Naidu and K Parameshwar said that on April 3, the top court refused to alter its ban, and even the green cracker formulations prepared by them have not been considered by the Centre along with the expert body NEERI.
The bench said, “Whatever policy on banning firecrackers is there, it should be pan-India. We cannot have a special policy for Delhi where the elites are there. If firecrackers are to be banned, they should be banned throughout the country. There should be the same policy throughout the country.”
The traders pointed out that due to these orders passed by the top court, their licenses are being revoked even though it is valid till 2027-28. They requested an urgent hearing in court on their applications.
The applications were filed by the Association of Firework Traders, Indic Collective and Haryana Firework Manufacturers.
The court directed the state authorities to maintain the status quo and posted the matter for hearing on September 22, ahead of the Dussehra and Diwali festivals.
Senior advocate Aparajita Singh assisting the court as amicus informed the court that the condition in Delhi becomes worse during the winter months and situation was such that the air could choke citizens. She said that the extraordinary steps were taken by the court considering the deteriorating air pollution situation in Delhi which is land-locked.
She further clarified that the elite in Delhi do not bear the brunt of pollution as during the extreme pollution days, they prefer to drive outside Delhi. She said that even when emergency measures, including a ban on construction activities, were proposed in Delhi, the court ensured compensation was released to the workers affected by the loss of work.
The court said, “When we impose the ban on workers, they are left without work. It is the poor who suffer.” The court agreed to examine the matter on the next date and asked the Centre, in consultation with NEERI, to submit its response to the applications and provide a further status report on the formulation of green crackers.
Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Centre, said that any formulation on green crackers is done in consultation with experts. She agreed to provide the latest research conducted by NEERI.
The ban on bursting, sale and manufacture of firecrackers in Delhi-NCR has been in place since December 2024 following court’s orders.
In April, the court held that such a ban throughout the year is absolutely essential, considering the “horrible” air quality in Delhi-NCR. It was by the court’s nudge that neighbouring states of UP, Haryana, and Rajasthan followed suit to ban firecrackers in NCR districts following Delhi’s decision for a year-long ban.(News Agency)
