"Already regulated industry being regulated further," Sr Adv J Sai Deepak tells SC on firecracker ban

The Supreme Court yesterday reserved its verdict in a batch of petitions seeking permission to manufacture and sell "green" firecrackers in Delhi and National Capital Region.

A bench of CJI BR Gavai and Justice Vinod Chandran hinted at relaxing the restrictions a bit. It has said that a complete ban on bursting of fire crackers in Delhi-NCR is "neither practical nor ideal".

Senior Advocate J Sai Deepak submitted before the bench that an already regulated industry was regulated further. "Everyone was painted with a broad brush. Manufacturers had themselves said identify the offenders among us and punish them", Deepak further told court.

The senior lawyer further urged court to allow a two hour window in morning on Diwali for bursting of crackers.

Solicitor General Tushar Mehta told the bench today that Delhi is home to people from diverse communities who celebrate at different times of the day. SG Mehta made this submission in response to Senior Advocate J Sai Deepak's request that the allowance be extended to include two hours in the morning as well for Diwali.

Delhi Chief Minister Rekha Gupta had recently announced that the city government will approach the Supreme Court seeking permission to allow the use of certified green firecrackers during Diwali celebrations this year. “Diwali is the most important festival in Indian culture. In view of crores of people who celebrate it in Delhi, the government has decided to move the Hon’ble Supreme Court to seek permission for the use of certified green crackers,” the chief minister had said.

The move came amid the ongoing ban on the sale and bursting of firecrackers in Delhi-NCR, except those certified as “green crackers” by the National Environmental Engineering Research Institute (NEERI) and approved by the Petroleum and Explosives Safety Organisation (PESO).

On October 8, 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, 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.

The Apex Court had also recently 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.

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....".

Case Title: MC Mehta vs. Union of India

Bench: CJI BR Gavai and Justice K. Vinod Chandran

Hearing Date: October 10, 2025