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SC puts ban on sale of firecrackers in Delhi-NCR during Diwali
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SME Times News Bureau | 09 Oct, 2017
The Supreme Court on Monday ruled that there will be no sale of
firecrackers in Delhi and National Capital Region during Diwali, as it
restored a November 2016 order banning the sale and stocking of
firecrackers there.
A bench of Justice A.K. Sikri, Justice Abhay
Manohar Sapre and Justice Ashok Bhushan, while restoring last November's
order, said: "We are of the view that the order suspending the licences
should be given one chance to test itself in order to find out as to
whether there would be positive effect of this suspension, particularly
during Diwali period."
However, the court said that the September
12 order lifting the ban on the sale and stocking of firecrackers in
Delhi NCR will be back into effect from November 1.
Pointing to
the adverse impact of the bursting of the fire crackers that is
witnessed year after year, Justice Sikri, speaking for the bench, said:
"The air quality deteriorates abysmally and alarmingly and the city
chokes thereby, it leads to closing the schools and the authorities are
compelled to take various measures on emergent basis, when faced with
'health emergency' situation."
This very situation, the court
said, had occurred on the very next morning after Diwali in the year
2016 and "resulted in passing the order dated November 11, 2016".
"This
order prevailed during the year but the impact and effect of this order
remains to be tested on Diwali days," the judgment said.
Going
by these considerations, the court said: "We are of the opinion that the
judgment dated September 12, 2017 passed by this Court should be made
effective only from November 01, 2017."
Making it clear that
though it was not tweaking with the various directions issued by
September 12 judgment, the court said that the affect of September 12
order "would not be given effect during this Diwali, and, therefore, we
are making it effective only from November 1".
It said that all
the temporary licences that police had issued in pursuance to September
12 order stand suspended forthwith "so that there is no further sale of
the crackers in Delhi and NCR".
Further orders in this behalf can be passed on assessing the situation that would emerge after this Diwali season, it added.
Referring
to the arguments by fire cracker sellers that the contribution of fire
crackers to the worsening of the air quality was negligible and there
were other contributing factors, the court said: "On the contrary, we
have the direct evidence of deterioration of air quality at alarming
levels, which happens every year."
"... , burning of these fire
crackers during Diwali in 2016 had shot up PM (particulate matter)
levels by three times, making Delhi the worst city in the world, insofar
as air pollution is concerned. Direct and immediate cause thereof was
burning of crackers during Diwali", it said.
Referring to various
campaigns "So No to Crackers" and the virtual consensus in the society
that crackers should not be burnt during Diwali, which can be celebrated
with equal fervour by various other means as well, the court said:
"Irony is that when causes are brought in the court, there is resistance
from certain quarters."
Pointing to "adequate statutory
provisions" which can be invoked to "ban the sale of these crackers", it
said, "It is one of the functions of the judges, in a democracy, to
bridge the gap between law and the society. Here, fortunately, there is
no such gap and the Court is only become facilitator in invoking the law
to fulfil the need of the society".
Referring to the hearing of
the matter by Delhi High Court 20 years back, the court said that the
stand taken by the "CPCB at that time was the same which was taken
before this Court when Orders dated November 11, 2016 or September 12,
2017 were passed. CPCB, therefore, has been consistent in its stand."
Taking
a dim view of the petitioner referring to two-decade-old proceedings
before the high court, the court said was not a "healthy practice" and
they "denounce the same and place on record our strongest condemnation".
"We are leaving the matter at that simply because of the reason
that insofar as present petition is concerned it has raised a very
important public cause and it needs serious and adequate consideration,"
it said.
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