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Synopsis

The Supreme Court on Thursday refused urgent hearing in a plea filed against the complete ban on firecrackers in Delhi.

The bench refused the urgent mentioning in the plea filed by Bharatiya Janata Party leader and Member of Parliament Manoj Tiwari and said, "You can spend your money on sweets."

A bench of Justice MR Shah and Justice MR Sundresh while refusing to entertain the urgent mention further said, "Please let the people breathe fresh air. There are so many other ways of celebrating."

Advocate Shashank Shekhar Jha appearing for Tiwari submitted that "they (Delhi Government) have imposed a complete ban which is against the Supreme Court's order."

Jha further submitted that the pollution is rising due to the burning of Parali as well which is still going on and that the same has been mentioned in the application.

However, the bench said that they will hear the matter, but later.

BJP MP Manoj Tiwari has sought directions for the usage of permissible firecrackers and a direction against the blanket ban on the sale, purchase, and usage of firecrackers during festive seasons of Hindus, Sikhs, Christians, and others in Delhi and other states.

Background:

It is Tiwari's case that the Writ Petition under Article 32 has been filed to protect the interests of the public at large who are being harassed for celebrating Deepawali which is deemed to be one of the most important festivals of Hindus.

Despite clear order of this Hon’ble Court refusing to put a blanket ban on the firecrackers, various states put a blanket ban on the storage, sale and use of all types of firecrackers in the year 2021 and subsequently took coercive steps against the buyer, purchaser and users of the same, the plea filed by Tiwari submitted.

The plea stated that the Delhi government has put a blanket ban on storage, sale and use of all types of firecrackers with immediate effect in the capital till January 1, 2023.

"...in order to implement the blanket ban, Respondent No. 2 has also announced to make plans with Delhi Police, DPCC and Revenue Department. This may include FIR against common people for selling and/or using fire-crackers during festive seasons like Deepawali, Chhath, Durga-Puja, etc just like last year", the plea added.

Tiwari had contended that it is his responsibility to file this petition so as to guide the country in a positive framework and prevent it from getting into a dark Age where customs and rituals of a particular community were systematically targeted.

The following issues were raised in the petition:

1. Whether there is a complete ban on the crackers?
2. Whether states and High Courts can put a blanket ban on the firecrackers at a time when the Top Court has refused to do the same?
3. Whether there could be coercive actions like FIR against the common people for the usage of firecrackers?
4. Whether there could be coercive actions like FIR lodging against the common people/small seller for selling firecrackers?
5. Whether state has the responsibility to allow the citizens to celebrate their festivals peacefully without any fear?
6. Whether state can put unreasonable restrictions like curfew and Section 144 CrPC during a festival of masses?
7. Whether state has the responsibility to curb pollution through other measures?
8. Whether Apex Court being guardian of the Constitution is responsible to protect the future of India and look into this matter?

Case Title: Manoj Tiwari vs. Union of India and Ors.