Plea before Supreme Court seeks initiation of Contempt proceedings against Delhi Govt for banning firecrackers

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Synopsis

Owing to the purportedly imposed ban on the selling of firecrackers in Delhi, a petition has been filed in the Supreme Court against the Delhi Government asking for initiation of contempt proceedings against it.

An application has been filed in the Supreme Court against the Delhi Government seeking initiation of contempt proceedings against it owing to the ban on manufacturing, storage, sale, and bursting of the firecrackers allegedly imposed by it.

The application filed by Jai Bhagwan Goyal, Executive Chairman, United Hindu Front, Subhash Chand, President, Khatik Charamkar Balmiki Sabha, and one Meenu Verma through Advocate AP Singh submits that the prohibition imposed on the purchase and sale of firecrackers and not licensing firecracker shops in Delhi is "not only an attack on our religious tradition of bursting crackers on Deepawali but also in violation of the Explosives Rules 2008."

It states that this year, on September 16, 2022, the Delhi Pollution Control Committee (DPCC) passed an order stating that the ban extends to the online sale of firecrackers. The order stated: "There will be a complete ban of the manufacturing, storage, selling (including delivery through online marketing platform) and bursting of all kinds of firecrackers up to January 1, 2023 (sic)".

The Chief Minister of Delhi, Arvind Kejriwal, without passing any official resolution, announced a ban on the sale, storage, and distribution of firecrackers in Delhi, the application adds.

It has been alleged by the applicants that the prohibition imposed by the Delhi Government is in violation of the direction passed by the Apex Court on October 29, 2021, through a bench of Justice MR Shah and Justice AS Bopanna.

Furthermore, it submits that the Delhi Police has also attacked the Hindu religion by not giving licenses to firecracker shops. Not only have the firecracker shops been denied licenses but also the firecracker shops are also being closed, the application states. 

In view of the above, the plea contends that due to this not only is the Government losing thousands of crores of revenue but crores of people are also becoming unemployed.

"The unconstitutional prohibition imposed on the purchase and sale of firecrackers by not licensing firecracker shops in the country including the National Capital Territory of Delhi is not only an attack on our religious tradition of bursting crackers on Deepawali but also in violation of the Explosives Rules 2008," it states.

Case Title: Arjun Gopal & Ors. Vs. Union of India & Ors.