Why firecracker ban not implemented during Diwali: SC to Delhi govt, police

New Delhi: Expressing deep concern over Delhi’s high pollution levels during Diwali, the Supreme Court criticised the lack of adherence to its orders, stating that its ban on firecrackers was “barely enforced.”

A bench comprising Justices Abhay S Oka and Augustine George Masih cited news reports indicating significant breaches of court directives and requested the Delhi government to consider a “permanent ban” on firecrackers in the capital.

The court directed the Delhi government and police to outline the measures taken to enforce the complete ban on the production, sale, and use of firecrackers, as well as the actions taken against those who violated these orders.

“We want the Delhi government to immediately respond as to why this has happened. We want all the orders to be placed on record banning the sale, manufacture and bursting of firecrackers in Delhi.

“We are also issuing notice to the Delhi police commissioner on the action police has taken so far against the violators and the steps it is taking to implement the orders of the court,” the bench said.

It directed the Delhi government and police commissioner to file their responses within a week saying, “there cannot be any dispute that the orders of the court banning firecrackers were hardly implemented”.

“Firecracker bursting was the major cause of pollution during Diwali and if the orders of the court are not implemented, it will be a chaotic situation,” the bench told Additional Solicitor General Archana Pathak Dave, appearing for the Centre, and the counsel for Delhi government.

It posted the matter for further hearing on November 14 for compliance of its directions.

Senior advocate Aprajita Singh, who has been appointed amicus curiae in the matter, said orders of the court were violated with impunity. She produced before the court a report of the Centre for Science and Environment (CSE) which highlighted the pollution level rising by almost 30 per cent on Diwali as compared to a day earlier.

Referring to a report of the CSE, the top court noted it was evident from the data that Diwali in 2024 was warmer and pollution level was higher than in 2022 and 2023.

Emphasising the need to create public awareness ahead of Diwali season, the bench said it is obvious that when there is a ban on sale of firecrackers, people will try to get it from other states.

“Some strict action is needed for those violating firecrackers ban like sealing of their premises,” said the bench, adding that it would “do something” and create a mechanism in order to ensure that the court orders on the firecracker ban are not violated during Diwali, 2025.

The bench asked the Punjab and Haryana governments to file their responses by November 14 on the rise in farm fires and stubble burning incidents during the last 10 days in October.

It noted the report of CSE flags that incidents of farm fires were on the rise from 160 incidents a day before Diwali to 605 incidents on the day of Diwali.

The top court also directed the Delhi government to give its status on curbing farm fires in the peripheral areas of the national capital.

The apex court was hearing a plea filed by M C Mehta in 1985 seeking directions to curb air pollution in the national capital and adjoining areas.

During the hearing, the bench said the problem started because the Centre amended stringent section 15 of the Environment (Protection) Act with a simple penalty for contravention of provisions of law. The provision dealt with prosecution of those involved in air pollution.

“Anyways, we will see what can be done and would create a mechanism, so that this situation is not repeated again,” the bench observed.

One of the counsels appearing for the intervener said firecracker ban should not be limited to Diwali alone and it should be extended throughout the year.

Dave at the outset submitted that within a week the Centre will be making gazette notification of rules supporting section 15 of the Environment (Protection) Act.

“The draft is almost ready and only the translation part remains which will be completed within a week,” she submitted.

On October 23, the top court pulled up the Centre for making the environment protection law “toothless” and it asserted that there is a fundamental right of every citizen of India to live in a pollution-free environment.

The apex court had highlighted that even after six months of amending section 15 of Environment (Protection) Act, the Centre has not come out with rules and the machinery to enforce the provision for penalty against those violating the environment protection law, rendering it toothless.

It had also pulled up the Punjab and Haryana governments for not implementing court orders in cases of stubble burning.