The Supreme Court on Wednesday declined a plea by BJP MP Manoj Tiwari to lift its ban on the production, storage, sale and bursting of fire crackers in the national capital.
A Bench headed by Justice A.S. Bopanna said there were other ways to celebrate festive occasions.
“We will not interfere,” Justice Bopanna said.
In 2022, Mr. Tiwari was similarly advised by a Bench headed by Justice (now retired) M.R. Shah to spend money on sweets instead of crackers.
“Let people breathe clean air,” Justice Shah had said.
In 2017, the apex court had banned the use and sale of toxic crackers on the basis of a petition filed by two infants, a six-month-old and 14-month-old, through their guardians.
The petition had said the air pollution caused by various factors, especially firecrackers, had reduced Delhi into a gas chamber. They had pleaded for their right to life. The court had said the sale of green and improved crackers would be only through licensed traders. The court had dismissed arguments that bursting crackers was a fundamental right and an essential practice during religious festivals like Diwali.
Amicus curiae, senior advocate Gopal Sankaranarayanan, however, said huge stockpiles of crackers continue to exist inexplicably despite the ban.
Green crackers
On Wednesday, Additional Solicitor General Aishwarya Bhati, appearing for the Petroleum and Explosives Safety Organisation (PESO), said the government entity had taken steps to expedite the usage of green crackers.
An affidavit filed by the PESO said fireworks manufacturers licensed by the government body had already been instructed to comply with the Supreme Court directives on green crackers. This includes getting emission tests done on the green crackers from CSIR-NEERI.
“On the receipt of the emission test report, manufacturers have to submit their applications to the PESO to obtain in-principle approval from PESO-Sivakasi and circle offices of the PESO,” the affidavit said.
It said the licensees were allowed to manufacture green crackers only after the PESO approved the improved or new (green cracker) composition.
Manufacturers would face penal action if the composition of fireworks’ samples taken from the factories later on do not match the composition mentioned in the CSIR-NEERI test report previously approved by the PESO, the affidavit said.
