Firecrackers Law Insider

Savvy Thakur

Published on: October 21, 2022 at 20:57 IST

A request to lift the Delhi Government‘s complete ban on the production, storage, sale, and bursting of all types of firecrackers was denied an urgent hearing by the Supreme Court on Thursday.

The petition that was submitted by BJP MP Manoj Tiwari was discussed in front of the Bench that was made up of Justices MR Shah and MM Sundresh.

The challenge to the Delhi Pollution Control Committee (DPCC)’s September 14 directive to completely ban the production, storage, sale, and bursting of all types of firecrackers in the National Capital Territory until January 1, 2023 was dismissed because the Bench deemed it unnecessary to hear it immediately.

The Bench suggested that the money used to buy fireworks be used to buy more sweets and asked the petitioners to allow the residents of the NCT, Delhi, to breathe clean air.

The bench also denied urgent listing on October 10 by expressing concerns about Delhi’s pollution levels.

For a similar plea, the Chief Justice of India also rejected urgent listing last week.

A similar petition was denied by the Delhi High Court on Thursday itself.

According to Justice Yashwant Varma, the High Court should not take into account the issue while the Supreme Court is deciding it.

Two businesses that store and sell green crackers presented the argument, arguing that the DPCC should not have included green crackers in its total ban.

The petition also requested direction to prevent the Delhi Government and DPCC from taking any action against them, pleading that the challenged direction be declared ultra vires, meaning that it violates Article 19(1)(g) of the Indian Constitution.

The plea argued that the DPCC’s action affects not only the livelihoods of petitioners but also those of other similarly situated sellers, describing the challenged direction as arbitrary and a last-minute ban on the sale and use of green crackers.

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

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