'Let people breathe clean air': SC, HC reject plea against absolute cracker ban

The Supreme Court on Thursday refused an urgent hearing of a plea seeking the removal of complete ban on firecrackers in the national capital, saying "let the people of Delhi breathe clean air". 

The plea was filed by Bharatiya Janata Party MP Manoj Tiwari.

A bench of Justices M R Shah and M M Sundresh refused to list the plea challenging the direction issued by Delhi Pollution Control Committee (DPCC) on September 14 for a complete ban on manufacturing, storage, sale and bursting of all kinds of firecrackers till January 1, 2023, in Delhi.

The bench told the counsel appearing for Tiwari that instead of firecrackers, people should spend their money on sweets.

"Let the people of Delhi breathe clean air. People should not spend money on firecrackers instead they should eat sweets," the bench said and added that plea will be coming up for hearing along with the main matter pending before the court.

Earlier in the day, noting the pendency of issues related to firecrackers before the Supreme Court, the Delhi high court also refused to entertain a petition challenging the ban on sale and use of all kinds of firecrackers in the national capital.

A single judge bench of Justice Yashwant Varma dismissed the petition by two merchants who sought to "purchase, sell and store only green crackers" during the festive season, and said it was not appropriate for the high court to independently examine such a challenge when the issue "does appear to be engaging the attention" of the top court.

The high court, however, said the petitioners were free to initiate appropriate proceedings under the law to seek redressal of their grievances.

On October 13, the apex court had refused to accord urgent hearing to a fresh plea against an order banning storage, sale, and use of all types of firecrackers in the national capital till January 1, 2023. It had asked the petitioners to approach the Delhi High Court.

On October 10, the top court had refused to stay the Delhi government's order banning storage, sale, and use of all types of firecrackers till January 1, 2023 to check pollution levels in the national capital, saying it doesn't want to add to the pollution of Delhi.

It had expressed concern over pollution levels during Diwali.

"You're a permanent resident of NCR, right? Have you seen the pollution? We do not want to add to the pollution. We are not dismissing your plea, we will consider it," the bench had told advocate Shashank Shekhar Jha, appearing for BJP MP Tiwari.

The lawyer insisted in the court that the air pollution was due to stubble burning.

The Supreme Court had tagged the petition along with the main matter and said it will come up for hearing before Diwali.

Contending that freedom of religion cannot be taken away under the pretext of the right to life, Tiwari has also sought directions to all states not to take any coercive action like lodging FIR against common people found selling or using permissible firecrackers during the festival season, including Diwali.

The top court had last year clarified there is no blanket ban on the use of firecrackers and only those fireworks which contain barium salts are prohibited.

The BJP MP, in his Thursday's plea filed through advocate Ashwani Kumar Dubey, said several state governments and certain high courts had in 2021 passed orders contrary to the stand taken by the apex court and imposed a blanket ban on firecrackers.

"With so many different orders, directions and views, it was confusing for the people at large to understand whether the firecrackers were allowed or not despite this court's refusal to put a blanket ban," he said in the plea.

"In the name of right to life, freedom of religion cannot be taken away and that a balance has to be struck like that has been done through the decision of this court dated October 29, 2021," the plea said.

The petition alleged that despite clear orders of the top court, certain states and Union territories did not take necessary steps to ensure proper arrangements for the celebration of Diwali and instead registered FIRs and imposed curfew.

"The chief secretaries, police commissioners, police superintendents, station house officers, and others in order to comply with the orders of their respective state governments have taken action against the common people who while purchasing the firecrackers did not even have knowledge about the ingredients of the crackers at all," it said.

Tiwari's plea said such arrests and FIRs sent out a "very bad message" to the society at large and unnecessarily created "fear and anger" among the masses.