‘Cases against people bursting crackers not a solution, find the source’, says SC; reserves verdict on firecracker ban

A bench comprising Justices AS Bopanna and MM Sundresh told Additional Solicitor General (ASG) Aishwarya Bhati, “When there is a ban imposed by the government it means a complete ban. Ban is for firecrackers.....We don’t understand the distinction between green or black…”.

New Delhi: The Supreme Court on Thursday queried the Centre, how are people bursting firecrackers despite a ban and stressed that cases against those bursting firecrackers is not the solution, rather find the source and take action.

A bench comprising Justices AS Bopanna and MM Sundresh told Additional Solicitor General (ASG) Aishwarya Bhati, “When there is a ban imposed by the government it means a complete ban. Ban is for firecrackers.....We don’t understand the distinction between green or black…”.

The bench emphasized that it is important to ensure that no temporary licences are given by the Delhi Police, as it will be in violation of court orders if any kind of licences are given. Bhati represented Centre and Delhi Police before the apex court. The Centre has supported the bursting of green crackers.

During the hearing, the bench told the ASG that cases against persons bursting firecrackers may not be the solution and “you will have to find the source and take action…..”. Justice Sundresh said that the government needs to nip it in the bud, no point in taking action after people have burst firecrackers.

Bhati contended that since the 2018 apex court order – banning conventional firecrackers in the Delhi-National Capital Region – a lot of research has been done and only green crackers are allowed. Bhati made it clear before the apex court that no permanent licences for the sale of firecrackers have been issued since 2016 and temporary licences were issued for green crackers.

Bhat emphasized that when the government imposes a complete ban then these licences also get suspended. The bench queried her on the Delhi Police action plan against the backdrop of a complete ban in the national capital, as the festival season is approaching.

Bhati said police station-wise teams will be constituted to check the sale, storage and bursting of firecrackers and there will be flying squads for random inspections of marketplaces and other areas.

Senior advocate Gopal Sankaranarayanan, appearing for a group of minors who filed the main petition in 2015 seeking a complete ban on firecrackers, contended that he is not pressing for a blanket ban but the banning of only those firecrackers that contain barium, which is harmful.

Senior advocate Shyam Divan, representing firecracker manufacturers, submitted that his clients are using a formulation which has been suggested by CSIR-NEERI and other government bodies. Divan pointed out that barium nitrate has been approved as an oxidizer. After hearing detailed submissions, the apex court reserved its judgment on a plea seeking a ban on firecrackers containing barium against the backdrop of alarming pollution levels in the Delhi-NCR region.