SC Refuses To Hear Urgent Plea Against Complete Ban On Firecrackers In New Delhi

The Supreme Court on Thursday declined an urgent hearing of a plea challenging the Delhi government's decision to ban the sale, purchase, and usage of firecrackers during the festival of Diwali in the national capital. 

The plea was filed by BJP MP Manoj Tiwari.

The bench headed by Justice MR Shah, while refusing to entertain the plea, made comments such as "let people breathe clean air" and “spend your money on sweets”.

Earlier, the top court had refused to lift the ban on firecrackers in Delhi, saying the court had already passed a detailed order regarding the usage of firecrackers and will not vacate the previous order.

It had tagged Tiwari's plea with the other pending cases. Tiwari had challenged the Delhi government's decision against the production, storage, sale and use of all types of firecrackers to curb the rising pollution levels in the national capital.

Tiwari sought directions to the Aam Aadmi Party government to issue fresh guidelines regarding the sale, purchase and bursting of permissible firecrackers during the upcoming festive season. The BJP MP also sought directions to all States not to take any coercive action like lodging FIR against common people found selling or using permissible firecrackers.

In 2021, the Supreme Court clarified there is no blanket ban on the use of firecrackers and only those fireworks which contain barium salts are prohibited.

The AAP government, on 7 September 2022 put a blanket ban on firecrackers immediately in the capital until 1^st January 2023.

On 19 October 2022, the Environment Minister, Gopal Rai, announced a jail term up to six months and a fine of Rs 200 to anyone caught bursting firecrackers on Diwali.

It is to be noted that the festival of Diwali often coincides with the increase in stubble-burning incidents in the neighbouring states of Punjab and Haryana. Since last week the number of these in Punjab has gone up. But the AAP government in Punjab has not taken any action to bring a stop to stubble burning, a major cause of pollution in Delhi.

(with inputs from agencies)