SC may rethink cracker ban, restrains authorities from cancelling licences

NEW DELHI: Hinting at relaxing its April 3 order banning firecrackers in Delhi and NCR prior to Diwali, Supreme Court sought on Friday a report on the feasibility of permitting green crackers from Commission for Air Quality Management and NEERI by Sept 22 and restrained authorities from cancelling licences of cracker manufacturers.

Disagreeing with the order of a bench led by Justice A S Oka imposing a round-the-year total ban on firecrackers in Delhi and NCR, a bench of CJI B R Gavai and Justice K Vinod Chandran asked a series of questions: "Does Delhi alone suffer from pollution? Are crackers the primary source of pollution? Or is it because the Delhiites are elite? Or is it because the Supreme Court is situated in Delhi that it can be easily approached and a ban can be sought on crackers citing pollution?" The CJI said, "Last winter, I went to Amritsar and found it more polluted than Delhi. On the same yardstick, a ban on crackers should apply to all towns which are polluted."

SC sought a report from CAQM and NEERI on a plea by cracker manufacturers association, who through senior advocate K Parameshwar said the ban has jeopardised the industry and livelihood of lakhs of people employed therein. The manufacturers said they are ready to conform to any green standard for crackers framed by expert bodies.

Amicus curiae and senior advocate Aparajita Singh said the elite leave Delhi or use air purifiers during winters to avoid pollution and that it is the poor who sleep on footpaths or reside in slums who suffer the most from pollution.

The CJI said, "Do the poor not suffer when they are rendered jobless by imposing a complete ban on all kinds of firecrackers?" Additional solicitor general Aishwarya Bhati said NEERI and CAQM are examining the standards that could be put in place for green crackers and promised to get back to the court with a report by Sept 22.

Parameshwar complained to the court that based on the April 3 ban, the authorities are revoking the firecracker licences of manufacturers and dealers. The bench asked the authorities to hold their hand by ordering status quo on the licences.

Manufacturers said crackers have already been subject to intense regulations through a series of SC orders, which permitted sale of only green crackers and banned use of chemicals like lithium, arsenic, antimony, lead and mercury.

"It would be extremely onerous and arbitrary to impose a complete and perpetual ban on firecrackers in the entire NCR (consisting of 25 districts) when the industry is already being regulated to balance the protection of livelihood of people with minimsation of environmental harm," they said.

The bench led by Justice Oka had taken serious note of its Oct 14, 2024 order banning bursting of crackers during Diwali in Delhi getting flouted. The bench had refused to exempt 'green crackers' from the ambit of ban saying it would not permit these crackers unless it is proved that they cause "bare minimum pollution".

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