India
A year-long fireworks ban? Supreme Court asks Delhi for decision | India News – Times of India
It also sought a response from the NCR states – Uttar Pradesh, Haryana and Punjab – on banning firecrackers in their territories as a measure to tackle the pollution crisis.
While the AAP government sought time till Jan to take a decision after consulting all stakeholders, a bench of Justices Abhay S Oka and AG Masih said the government should take a decision quickly and set a deadline of November 25.
Police could have been more proactive in enforcing the fireworks ban: SC
It also directed the Delhi Police Commissioner to form a special team of officers to enforce the ban, both in the open market and online portals. “The right to live in a pollution-free atmosphere is a fundamental right of every citizen protected by Article 21 of the Constitution. We are of the prima facie view that no religion encourages any activity that causes pollution. If fireworks are set off in this way, this also affects the fundamental right to health of citizens. We direct the Delhi government to take a decision on or before November 25,” the bench said.
While the Delhi government and Delhi Police blamed each other for the incessant bursting of firecrackers on Diwali night, the court said the action of both was mere eyewash. Responding to the Supreme Court’s query over non-compliance with the ban on firecrackers, the Delhi government said it had issued an order on October 14 banning sale and bursting of all kinds of firecrackers and expressed helplessness in enforce the order as it was Delhi’s duty. Police.
However, Delhi Police blamed the government for issuing the ban order too late when the festive season had already started. Additional Solicitor General Aishwarya Bhati told the court that it was difficult to implement the order as the ban was imposed just a fortnight before Diwali and by then the market was flooded with fireworks. “We had no control over it until October 14. We cannot enforce the ban until the decision has been made,” she told the court
However, the court agreed with Bhati’s contention that the ban was imposed too late and said the police could have been more proactive and informed all license holders to immediately stop the sale of fireworks. It directed the police commissioner to form a separate squad to stop the sale of firecrackers in the open market or on online portals and asked him to file a personal statement on compliance with his order.
“We direct the Commissioner of Police to take immediate action by informing all concerned about the said ban to ensure that no permit holder produces, stores or sells fireworks during the duration of the ban. Delhi Police should immediately inform the entities selling fireworks online to stop the sale and supply of fireworks within the boundaries of the National Capital Territory of Delhi. We direct the Commissioner of Police to set up a special cell for implementation of the ban order and make SHOs of all local police stations responsible for enforcing the ban throughout the year,” the court said.
The SC had in November 2016 imposed a blanket ban on the sale of fireworks in the NCR and directed the Center to suspend all permits allowing the sale of fireworks. Later, it extended the ban to the entire country and allowed only green crackers. As the ban order was ineffective, SC had in 2021 directed that top bureaucrats, including the chief secretary and police commissioner of the concerned area, and other officials would be held personally liable for violation of the order.
Noting that the various directives were not being implemented, the court had last year said that responsibility should be fixed and suggested that the police commissioner be held responsible for any violation.
