NEW DELHI: Observing that it is the fundamental right of every citizen to live in a pollution-free environment and that no religion promotes activities which cause pollution, Supreme Court Monday directed Delhi govt to decide by Nov 25 on a perpetual ban on selling and bursting of all kinds of firecrackers throughout the year in the national capital and not just on Diwali.
It also sought a response from NCR states — Uttar Pradesh, Haryana and Punjab — on banning firecrackers in their territories as a measure to deal with the pollution crisis.
Though the AAP govt sought time till Jan to take a decision after holding consultations with all stakeholders, a bench of Justices Abhay S Oka and A G Masih said the govt had to take a decision fast and set a deadline of Nov 25.
Police could’ve been more proactive in enforcing firecracker ban: SC
It also directed the Delhi police commissioner to form a special squad of officers to enforce the ban, both in the open market and on online portals. “The right to live in a pollution-free atmosphere is a fundamental right of every citizen which is protected by Article 21 of the Constitution. We are prima facie of the view that no religion encourages any activity which creates pollution. If firecrackers are burnt in this fashion, it also affects the fundamental right to health of citizens. We direct Delhi govt to take a decision on or before Nov 25,” the bench said.
As Delhi govt and Delhi Police blamed each other for incessant bursting of firecrackers on Diwali night, the bench said action taken by both of them was mere eyewash. Responding to the apex court’s query on non-compliance of its ban on firecrackers, Delhi govt said it had passed an order on Oct 14 banning sale and bursting of all kinds of firecrackers and expressed helplessness in enforcing the order as it was the duty of Delhi Police.
Delhi Police, however, blamed the govt for passing the ban order too late when the festive season had already begun. Additional solicitor general Aishwarya Bhati told the bench it was difficult to enforce the order as the ban was imposed just a fortnight before Diwali and by that time, the market was flooded with firecrackers. “Until Oct 14, we did not have control over it. We can enforce ban only after the decision was taken,” she told the court
Agreeing with Bhati’s submission that the ban was imposed too late, the court, however, said police could have been more proactive and should have informed all licence holders to forthwith stop the sale of firecrackers. It directed the police commissioner to form a separate squad to stop selling of firecrackers in the open market or on online portals and asked him to file a personal affidavit on compliance of its order.
“We direct the commissioner of police to immediately take action of informing all concerned about the said ban to ensure that during the subsistence of the ban, no licence holder manufacturers, stores or sells firecrackers. Delhi Police must immediately inform those entities that sell firecrackers online to stop sale and delivery of firecrackers within the limits of National Capital Territory of Delhi. We direct the commissioner of police to set up a special cell for implementation of the order of ban and to hold SHOs of all local police stations responsible for enforcing the ban through the year,” the court said.
The SC had put a blanket ban on selling of firecrackers in the NCR in Nov 2016 and directed the Centre to suspend all licences allowing sale of fireworks. Later, it extended the ban across the country and allowed only green crackers. As its ban order was not effective, SC had in 2021 directed that top bureaucrats, including the chief secretary and the police commissioner of the area concerned, and other officials would be held personally liable for violation of its order.
Noting that its various directions was not being implemented, the court had last year said responsibility had to be fixed and suggested that the police commissioner be held responsible for any violation.
It also sought a response from NCR states — Uttar Pradesh, Haryana and Punjab — on banning firecrackers in their territories as a measure to deal with the pollution crisis.
Though the AAP govt sought time till Jan to take a decision after holding consultations with all stakeholders, a bench of Justices Abhay S Oka and A G Masih said the govt had to take a decision fast and set a deadline of Nov 25.
Police could’ve been more proactive in enforcing firecracker ban: SC
It also directed the Delhi police commissioner to form a special squad of officers to enforce the ban, both in the open market and on online portals. “The right to live in a pollution-free atmosphere is a fundamental right of every citizen which is protected by Article 21 of the Constitution. We are prima facie of the view that no religion encourages any activity which creates pollution. If firecrackers are burnt in this fashion, it also affects the fundamental right to health of citizens. We direct Delhi govt to take a decision on or before Nov 25,” the bench said.
As Delhi govt and Delhi Police blamed each other for incessant bursting of firecrackers on Diwali night, the bench said action taken by both of them was mere eyewash. Responding to the apex court’s query on non-compliance of its ban on firecrackers, Delhi govt said it had passed an order on Oct 14 banning sale and bursting of all kinds of firecrackers and expressed helplessness in enforcing the order as it was the duty of Delhi Police.
Delhi Police, however, blamed the govt for passing the ban order too late when the festive season had already begun. Additional solicitor general Aishwarya Bhati told the bench it was difficult to enforce the order as the ban was imposed just a fortnight before Diwali and by that time, the market was flooded with firecrackers. “Until Oct 14, we did not have control over it. We can enforce ban only after the decision was taken,” she told the court
Agreeing with Bhati’s submission that the ban was imposed too late, the court, however, said police could have been more proactive and should have informed all licence holders to forthwith stop the sale of firecrackers. It directed the police commissioner to form a separate squad to stop selling of firecrackers in the open market or on online portals and asked him to file a personal affidavit on compliance of its order.
“We direct the commissioner of police to immediately take action of informing all concerned about the said ban to ensure that during the subsistence of the ban, no licence holder manufacturers, stores or sells firecrackers. Delhi Police must immediately inform those entities that sell firecrackers online to stop sale and delivery of firecrackers within the limits of National Capital Territory of Delhi. We direct the commissioner of police to set up a special cell for implementation of the order of ban and to hold SHOs of all local police stations responsible for enforcing the ban through the year,” the court said.
The SC had put a blanket ban on selling of firecrackers in the NCR in Nov 2016 and directed the Centre to suspend all licences allowing sale of fireworks. Later, it extended the ban across the country and allowed only green crackers. As its ban order was not effective, SC had in 2021 directed that top bureaucrats, including the chief secretary and the police commissioner of the area concerned, and other officials would be held personally liable for violation of its order.
Noting that its various directions was not being implemented, the court had last year said responsibility had to be fixed and suggested that the police commissioner be held responsible for any violation.
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