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NEW DELHI: Taking note of the unchecked bursting of crackers on Diwali night in violation of its ban order, the Supreme Court Monday issued a notice to the Delhi government and Delhi police asking them to explain noncompliance of its order and sought their response on imposing a round-the-year ban on firecrackers in NCR.
A bench of Justices Abhay S Oka and Augustine George Masih said the court direction on firecrackers was not implemented and asked Delhi govt to bring on record the order by which it was imposed.
It said that banning polluting crackers was an important step to check deteriorating air quality and it had to be enforced by authorities concerned. The court also indicated that the ban should be extended to all months to prevent fireworks in occasions like marriages and poll victories. It said non-implementation of its order would lead to “chaos”.
There cannot be any dispute that the ban was hardly implemented. Moreover, the effect of non-implementation of the ban is very apparent from the report of CSE which shows that the pollution level in Delhi in this Diwali of 2024 was at an all-time high. It was much higher than Diwali of 2022 and 2023. The report indicates that even farm fires were on rise during Diwali days,” the bench said, directing the Delhi governement and the police commissioner of Delhi to file affidavits.
The court suggested that some stringent measures needed to be taken to enforce its order, including sealing of premises found selling firecrackers and a mechanism should be put in place so that this should not happen at least next year.
“We direct the Delhi govt to file a detailed affidavit placing on record the orders banning the use of firecrackers and the steps taken by the Delhi govt to implement the same. We issue notice to the Commissioner of Police Delhi calling upon him to file an affidavit indicating the steps taken by the police to enforce the complete ban on the use of firecrackers in Delhi. While filing affidavits, Delhi govt and police must also state what effective steps they propose to take next year to ensure that the ban on the use of firecrackers is fully implemented. This will also include the measures to be taken for public awareness,” the court said.
The apex court had put a blanket ban on sale of firecrackers in the National Capital Region in November 2016 and directed the Centre to suspend all licences allowing sale of fireworks. Later, SC extended the ban to across the country and allowed only green crackers. As its ban order was not effective, SC had in 2021 directed that top bureaucrats including chief secretary and the police commissioner of the area concerned and other officials shall be held personally liable for violation of its order.
Noting that its various directions including ban on sale and manufacturing of polluting firecrackers were not being implemented, the court had last year said that responsibility has to be fixed for flouting of its direction and had suggested that the police commissioner should be held responsible for any violation. It had directed the Delhi police to ensure complete ban on firecrackers including green crackers which had also been banned by Delhi govt to check life threatening pollution level in the city during festive season.
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