The Supreme Court on September 14 said filing cases against persons bursting firecrackers during festivals such as Deepavali might not be the solution against the dangers fireworks pose to health and environment.
“Cases against persons bursting firecrackers may not be the solution. You will have to find the source from where it [firecrackers] is coming and stop that,” Justice A.S. Bopanna, heading a Special Bench comprising Justice M.M. Sundresh, addressed the Delhi police.
The court was reacting to a report submitted by Additional Solicitor General Aishwarya Bhati, for the Delhi police, on the number of cases registered against sale, storage and bursting of crackers and number of persons arrested, etc.
The police statistics presented in the apex court showed that from 2016 to August 31, 2023, 926 cases were registered for sale and storage of firecrackers and 3,120 cases filed for bursting crackers.
The police have arrested 2,616 persons for bursting crackers and 740 for sale and storage.
The police said a whopping 51,692.413 kg of firecrackers were seized in Delhi from 2016 to August 2023.
The huge inflow of crackers is despite a ban imposed on them by the Supreme Court. The National Green Tribunal had also followed suit. The Delhi government has also prohibited the sale and bursting of firecrackers.
However, amicus curiae, senior advocate Gopal Sankaranarayanan said crackers make their way into the national capital, especially ahead of the Deepavali season in November.
Top priority
Ms. Bhati said the Delhi police were giving top priority to prevent the sale, storage and bursting of fireworks. District police chiefs had constituted flying squads; unauthorised stocks had been seized and sealed and an awareness campaign was on.
The top law officer said no system, however scrupulously manned, was “foolproof”.
“Murders continue despite Section 302 of the Indian Penal Code,” Ms. Bhati reasoned.
Justice Sundresh said there was no point taking action after the harm was done. “You have to unearth their modus operandi,” the judge suggested.
In an earlier hearing, Ms. Bhati, also appearing for Petroleum and Explosives Safety Organisation (PESO), had said the government entity was taking steps to expedite the usage of green crackers.
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 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.
