Supreme Court to Hear Firecracker Ban Issue on Friday Ahead of Diwali

The Bench led by Chief Justice of India (CJI) B.R. Gavai was informed that the matter involved the continued restrictions on the sale and use of firecrackers in the National Capital Region.

Solicitor General Tushar Mehta, appearing for the central government, requested that the case be listed for another day.

Senior Advocate Balbir Singh, representing manufacturers, urged the Bench to fix the hearing for Friday, noting that Diwali is next week. “I request for Friday, because there is Diwali next week,” Singh submitted.

The Chief Justice agreed and posted the matter for hearing on Friday, i.e. October 10.

Previously, in September, the Supreme Court had permitted certified manufacturers of green crackers; those approved by the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO), to produce such crackers in Delhi-NCR, on the condition that they would not be sold within the region.

The Central government had also been directed to consult all stakeholders, including the Delhi government, manufacturers, and sellers, and present before court a balanced policy on the next hearing.

With a view to balance economic interests with public health, the bench had said that an outright ban would lead to unintended consequences.

Senior Advocate K Parameshwar, appearing for manufacturers, had told the Bench that they would adhere to stringent environmental and safety norms, as per the 2018 decision in Arjun Gopal judgment. Thus, while allowing manufacture, the bench has upheld the ban on sale in Delhi-NCR.

Recently, the Apex Court had suggested a nationwide ban on firecrackers ahead of Diwali and not just the National Capital Region. "If firecrackers are to be banned, they should be banned throughout the country..", Chief Justice of India BR Gavai remarked while hearing the MC Mehta case. “If cities in NCR are entitled to clean air, why not people of other cities? Whatever policy has to be there, it has to be on a pan-India basis. We can’t have a policy just for Delhi because they’re elite citizens of the country. I was there in Amritsar in winter last year, and there the pollution was worse", CJI had added.

Advocate K Parameshwar had informed Court that there is now a year-round ban on sale and manufacture in Delhi NCR. To this the Bench also comprising Justice Vinod K Chandran had asked why the ban was only limited to Delhi NCR. As the hearing progressed, Amicus and Senior Advocate Aparajita Singh had told the bench that it was not the elites but the poor that suffer more due to the pollution. "Elite leave Delhi during Diwali season and they have air purifiers..", she added.

The Court had then called for a report from the Commission for Air Quality Management and listed the matter for further hearing on September 22. In January this year, Supreme Court of India had extended the firecracker ban in the NCR areas of Uttar Pradesh and Haryana while hearing the M.C. Mehta case concerning air pollution in Delhi-NCR.

Earlier, the Bench of Justices Abhay S Oka and Ujjal Bhuyan in its order had observed,"...Ban imposed on firecrackers. Our last order, dated 19 December 2024, records that the state of Rajasthan has imposed a similar ban in perpetuity in terms of the ban imposed by the Delhi government under the order dated 19 December 2024. The state of Rajasthan confined the ban to that part of the state which falls in the NCR. We directed the states of Uttar Pradesh and Haryana to consider taking a decision to impose a perpetual ban similar to the one imposed by the Delhi government under the order dated 19 December 2024, restricted to the NCR parts of the states. Till further orders are passed the ban imposed by the state of Uttar Pradesh and Haryana limited NCR parts of the states which was effective till today is extended. The compliance by the states will be considered on 24th of March 2025....".

Earlier in November 2024, amid worsening air quality in Delhi NCR, the Supreme Court of India had remarked that 'no religion promotes any activity that contributes to pollution or compromises the health of people."

In 2023, Supreme Court had refused to interfere with the blanket ban imposed by it on the production and sale of firecrackers including green crackers in the Delhi NCR region. The court had further told the Delhi Police that filing cases against people who burn firecrackers may not help in curbing the sale of firecrackers. Court had also reiterated the directions issued by the Supreme Court, including banning the use of Barium Salts in the firecrackers and manufacturing and selling joined firecrackers and other directions issued by the Court.