Firecrackers on Diwali in Delhi-NCR: Supreme Court Asks CAQM to Take a View, Next Hearing on October 15
By : Lawbeat News Desk
Update: 2026-10-12 06:16 GMT
The Supreme Court on Monday heard the suo motu case on air pollution and solid waste management in Delhi-NCR, which includes the question of permitting firecrackers around Diwali. The court did not issue any directions. It asked that suggestions be given to the Commission for Air Quality Management (CAQM) and said the commission should take a view. The matter will be heard again on October 15.
Senior Advocate J Sai Deepak, appearing for a federation of firework traders, told the court that a ban is currently in force. The bench did not change that position on Monday. Whether any relaxation will be allowed will become clearer after the CAQM gives its view and the court hears the matter on October 15.
Chief Justice of India Surya Kant said the court has to be extremely careful before passing any order. He said the best approach is to make people aware of which crackers are harmful and to encourage a culture of celebrating with diyas.
The CJI said authorities can publish material asking people to use firecrackers minimally and during particular hours. He also said that what is available in the market can be checked and that the sale of harmful kinds can be restricted.
He observed that people often see a restrictive order as coercive. He said there is enough time before the festival and that an appeal to people to celebrate within fixed hours may be more effective. He added that the court will not hurt religious sentiments.
Justice Joymalya Bagchi said the court's concern is health. He asked what the pollution level would be if a certain quantity of firecrackers is burst in a certain period.
Senior Advocate Aparajita Singh told the bench that firecrackers should not be allowed on Diwali even for a limited time. She said the health of citizens, especially children, the elderly and the infirm, is paramount. She said a limit of one or two hours sounds reasonable but has not been implemented in the past and will not be implemented. She also said firecrackers are not part of religion and that worship is. She asked that the matter be left to the CAQM.
Senior Advocate J Sai Deepak said the traders are willing to follow a middle path and are not claiming an ultimate right as manufacturers.
Additional Solicitor General Bhati told the court that for Delhi, use had earlier been permitted for two days during a specific time.
In December 2024, the Supreme Court ordered a complete ban on firecrackers in Delhi-NCR until further orders. In April 2025, a bench led by Justice Abhay S Oka refused to relax the ban on manufacture, storage and sale, citing alarming pollution levels and the right to health under Article 21 of the Constitution.
In October 2025, a bench led by then CJI B R Gavai relaxed the ban for Diwali. It allowed certified green crackers, approved by the National Environmental Engineering Research Institute (NEERI), to be sold and burst between October 18 and 21, within fixed time slots and through designated sellers. The court had noted that a complete ban was not being effectively enforced.
The case will be heard on October 15. Residents of Delhi-NCR will need to wait for the CAQM's view and the court's directions to know what is allowed this Diwali.
Case title: Suo Motu case on curbing air pollution and tackling solid waste management in Delhi-NCR
Bench: Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana