New Delhi: The Supreme Court on Monday (November 11) asked the Delhi Government that why a ban on firecracker is limited to Diwali and asked it to decide on the aspect of “perpetual ban” on firecrackers by November 25.
The apex court, hearing the air pollution matter, also rapped the Delhi Police for not implementing the firecrackers ban effectively and asked the police to form special cell to ensure effective implementation of ban on firecrackers.
A bench comprising Justice Abhay S Oka and Justice Augustine George Masih also asked the Delhi Police commissioner to file personal affidavit putting on record the steps taken by the police to enforce ban on firecrackers. The bench also directed the National Capital Territory (NCR) states to inform it about the steps taken by them to ensure that pollution is at minimal.
Apex Court had taken strong exception to violation on firecrackers ban on Diwali
The bench during the last hearing had expressed its serious concerns on high pollution levels in the national capital during Diwali festival and had taken exception to violation of court orders on firecrackers ban, observing that it was “hardly implemented”. The bench had asked the Delhi government and Delhi Police to file their responses on action taken by them to enforce the ban on firecrackers.
Delhi government expressed helplessness on implementing the ban order, saying it has to be implemented by Delhi Police
The counsel representing the Delhi government on Monday told the bench about the order dated October 14 imposing ban on firecrackers. The counsel further told the bench, which asked that why the ban was limited to Diwali, that direction of the court for perpetual ban will be considered after consultation with various stakeholders. The counsel expressed helplessness on implementing the ban order, saying that it has to be implemented by the Delhi Police.
Additional Solicitor General (ASG), appearing for the Centre, told the bench that the Delhi government’s direction on October 14 was issued just two days after Dussehra and nothing was done before that and it had to grant license because the ban was imposed on October 14.
Apex Court directed Delhi Police commissioner to form special cell to ensure effective implementation of ban on fire crackers
The bench observed that the firecracker ban order was not taken seriously by the Delhi Police and no record of the court order was communicated to the ones who sell and deal with sale of firecrackers or have license to do that.
“First thing the Delhi Police should have done is to inform them. We direct the commissioner of police, Delhi to immediately take action of informing all concerned about the said firecracker ban and ensure that no license holder sells or manufacturers firecrackers. We direct commissioner of police to form special cell to ensure effective implementation of ban on fire crackers,” the bench said and added, “We direct Police Commissioner to file personal affidavit putting on record the steps taken by them to enforce ban.”
The bench wondered why the Delhi Government delayed imposition of ban on firecrackers till October 14.
No religion promotes any activity which promotes pollution or compromises with health of people: Apex Court
“It is possible that users must have already got the stock of firecrackers before that (ban imposed by Delhi government). Citizens have right to live in pollution-free atmosphere under Article 21. Prima facie we are of the view that no religion promotes any activity which promotes pollution or compromises with health of people. Counsel for Delhi Government appears and submits that they will take a decision on the aspect of ‘perpetual ban’ after consulting the stakeholders. We direct the government to take decision by November 25,” the bench said.
