SC Criticises Non-Implementation Of Firecracker Ban In Delhi, Issues Notice To Top Cop

The top court slammed the non-implementation of firecracker ban in Delhi. It also issued a notice to the Delhi Police Commissioner.

New Delhi:Against the backdrop of alarming levels of air pollution post-Diwali in the capital, the Supreme Court on Monday asked the Delhi government and other authorities to take a call on the issue of a perpetual ban on the use of firecrackers in Delhi.

The apex also deplored the non-implementation of the firecracker ban in Delhi and directed the Delhi government and Commissioner of Police, Delhi, to file affidavits to bring on record steps taken to implement the ban this year as well as future steps to ensure compliance with the ban next year within one week.

The top court said it is apparent that its order regarding the firecrackers ban was not implemented and also stubble burning increased around Diwali.

The apex court said, in the meanwhile, the government of Delhi and other authorities will also take a call on the issue of a perpetual ban on the use of firecrackers in Delhi.

In several parts of Delhi, the air quality breached the severe mark as PM 2.5 concentration levels soared, which resulted in hazardous conditions for respiratory health.

Today, a bench comprising Justice Abhay Oka and Justice Augustine George Masih said the effect of non-implementation (of the firecracker ban in Delhi) is very apparent from the report of the Centre for Science and Environment.

According to a report released by the CSE on Saturday, the peak concentration level of particulate matter (PM) 2.5 was 13% higher at midnight on Diwali this year compared to 2022 and 2023. It also found that PM2.5 levels were 34% higher on Diwali this year than on the night of the festival in 2022, which was also an end-of-October celebration.

The bench said the report shows that the pollution level on this Diwali was all-time high and it was much higher than the Diwali of 2022 and 2023.

"Moreover, the report indicates that farm fires increased during Diwali days. We direct the Delhi government to file a detailed affidavit placing on record the orders banning the use of firecrackers and steps taken by the Delhi government to implement the same”, said Justice Oka, pronouncing the order.

Justice Oka said, "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."

The apex court said while filing affidavits, the Delhi government and police must state what effective steps they propose to take next year to ensure that the ban on the use of firecrackers is fully implemented, and also the measures taken for public awareness.

"We also direct the governments of Haryana and Punjab to file affidavits indicating the details of the number of instances of stubble burning during the last 10 days’ of October”, said the bench.

The bench has scheduled the matter for further hearing on November 14 and added the affidavits by Delhi police and government should be filed within one week from today.

The Delhi government while filing an affidavit will also state whether there were instances of farm fires in Delhi. A counsel submitted that this ban not only be on Diwali but it should be extended during the upcoming wedding season in the next few months.

"That is what we propose to do but we just want to see what is the nature of order passed. We propose to do that. There are other festive occasions also…marriages, elections," said the bench.

"In the meanwhile, the government of Delhi and other authorities will also take a call on the issue of perpetual ban on use of firecrackers in Delhi," said Justice Oka.

During the hearing, the apex court said, "There are widespread news reports that the ban on firecrackers (in Delhi NCR) was not implemented at all... this was supposed to be an important measure to reduce pollution."

Stressing the need to develop a mechanism to ban the use of firecrackers, the bench asked what is the order on banning firecrackers and how is it being implemented.

"Something has to be worked out," the bench told the Delhi government and asked it to develop a mechanism "at least for next year" to curb air pollution in 2025. The apex court was hearing a matter connected with air pollution in Delhi.