"Let People Breathe Clean Air, Spend Money On Sweets" : Supreme Court Refuses To Hear Plea Against Delhi Firecracker Ban Before Diwali

The petition filed by BJP MP Manoj Tiwari was mentioned before the Bench comprising Justices M.R. Shah and M.M. Sundresh. The Bench did not think it fit to urgently hear the challenge to the direction issued by Delhi Pollution Control Committee (DPCC) on September 14 for a complete ban on manufacturing, storage, sale and bursting of all kinds of firecrackers till January 1, 2023 in the National Capital Territory was dismissed.

The Bench asked the petitioners to let the residents of the NCT, Delhi to breathe clean air and suggested the money utilised for buying firecrackers be used for buying more sweets.

"Spend your money on sweets… Let people breathe clean air", the bench orally said.

Earlier also, on October 10, the bench had refused urgent listing by expressing concerns about the pollution levels in Delhi. Last week, the Chief Justice of India also refused urgent listing for a similar plea.

On Thursday itself, the Delhi High Court dismissed a similar petition. Justice Yashwant Varma said it would not be appropriate for the High Court to consider the issue when the same is pending adjudication before the Supreme Court.

The plea was moved by two entities, engaged in storing and selling of green crackers, claiming that there was no occasion for the DPCC to include green crackers while imposing a complete ban.

Praying that the impugned direction be declared ultra vires as being violative of Article 19(1)(g) of the Constitution of India, the plea also sought direction to restrain the Delhi Government as well as DPCC from taking any action against them.Calling the impugned direction as arbitrary and a last-minute ban on the sale and use of green crackers, the plea argued that the action of DPCC affects not only petitioners' livelihood but also other similarly placed sellers.

The plea also argued that the order of the National Green Tribunal (NGT) dated December 1, 2020 did not envisage a blanket ban of crackers as it was passed in the context of the COVID-19 situation that was prevailing at that time.

"Almost all Covid-19 related restrictions that were in force in December, 2020 have now been relaxed. There is thus no reason that a restriction on the sale and use of fire-crackers remain, especially at a time when the AQI levels in Delhi are at moderate or better levels," the plea said.