New Delhi: The Supreme Court on Tuesday (May 6), while warning that failure to implement complete ban on firecrackers would attract contempt, directed the state governments of Uttar Pradesh, Rajasthan and Haryana to ensure not only scrupulous implementation of the ban on fire crackers in areas falling under the National Capital Region (NCR) but also create a machinery for effectively implementing the ban.
A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan asked the state governments to issue a direction under the Environment Protection Act (EPA) imposing a complete ban on manufacture, sale and storage, including delivery by online marketing platforms, on all types of firecrackers in the areas falling under the NCR region.
Apex court took note of the affidavit of compliance filed by the Delhi government
The bench took note of the affidavit of compliance filed by the Delhi government in which reliance was placed on direction issued under section 5 of the EPA dated 19 December 2024 by which a complete ban on manufacture, sale and storage, including delivery by online marketing platform and bursting of all kinds of firecrackers in Delhi throughout the year has been enforced.
Apex court directed the states of Uttar Pradesh, Rajasthan and Haryana to issue similar direction as issued by Delhi
“We direct the states of Uttar Pradesh, Rajasthan and Haryana to issue similar direction (as issued by the Delhi government) under section 5 of the Environment protection Act 1986 in relation to the areas with fall under the NCR region. Not only the orders of this court but the directions issued under section 5 of the EPA must be strictly implemented through all the law enforcement machinery of the states,” the bench said.
Apex court directed state governments to give wide publicity to ban on firecrackers and penalty imposed under EPA
The bench further said that directions issued under section 5 of the EPA have to be taken to logical conclusion by ensuring that penalty as provided under section 15 is imposed and directed the state governments to give wide publicity to the ban on firecrackers and the penalty imposed under section 5 of the EPA.
Apex court warned of contempt action if states falling under NCR fail to implement complete ban
The bench warned of contempt action if states falling under the NCR fail to implement complete ban on manufacture, sale and storage, including online delivery.
“In case of any failure on the part of the officials of these state governments and other entities to implement the directions issued by the court, action under contempt of courts act 1971 may be taken. All states forming part of NCR to file comprehensive compliance affidavit,” the bench said.
Apex court earlier refused to relax ban on firecrackers
The apex court earlier last month refused to relax the ban imposed on the manufacture, storage and sale on firecrackers in Delhi-NCR. It noted that air pollution levels remained alarming for a considerable time in Delhi-NCR and said there was no question of reconsidering the previous orders unless it was satisfied that the pollution due to the “so-called” green crackers was bare minimum.
The top court earlier on December 19 last year said that the complete ban on the use of firecrackers throughout the year will be effectively only when all the states forming the part of the NCR follow the ban imposed by the Delhi and Rajasthan governments and had asked the Uttar Pradesh and Haryana governments to impose similar perpetual ban in the areas falling under the NCR region.
