New Delhi: Despite where one intends to use them, the sale of firecrackers has not been permitted in the national Capital, as per orders of both the Supreme Court and the National Green Tribunal, the Delhi High Court on Monday ruled while hearing a plea by traders seeking the chance to sell their green firecrackers in Delhi (for use outside) three days before Diwali.
Justice Sanjeev Sachdeva said that the petitioners ought to approach the apex court or the NGT for any relief. "Please go to the Supreme Court. SC is already looking into the issue today. Seek a clarification. (High court is the) Wrong forum. Inform NGT. They are a specialised body," the judge said.
"If someone were to come from an area 'A' having good air quality, the point of sale would be Delhi, which is in contravention of orders of the Supreme Court and NGT," the court said.
"Alternatively, they can sell it outside Delhi (wherever legally permissible)," it added. Considering that Diwali is only three days away, the court permitted the petitioners to withdraw their plea while clarifying that the issues raised before it as well as the challenge to the legal validity of the ban, was still open.
The NGT on December 2, 2020, had directed that there would be a total ban on the sale and use of all kinds of firecrackers during COVID-19 pandemic in the NCR and all cities/towns in the country where the ambient air quality falls under the "poor" and above category. The SC has refused to interfere with this order. In addition, the DPCC here has imposed a blanket ban on sale, storage, purchase and use of all firecrackers till January 1 next year.
Lawyer Rohini Musa argued that the SC order allowed the sale of green firecrackers in the national Capital if it is not for use here. The court opined that the Supreme Court order prohibited both the sale as well as the use of fireworks and asked the lawyer to show which order and which paragraph permitted sale in Delhi. The court also observed that the COVID-19 pandemic was not over and it was time to be careful.
The Centre said the petitioners must first show where they intend to sell these crackers, to which the Delhi government's DPCC agreed, adding that the city's air even during the hearing was "poor".
In their plea before the high court, the petitioners had contended that the Delhi government's decision to impose an absolute ban on firecrackers violates their fundamental right to profess and continue their trade in environmentally friendly green crackers.