Read Time: 05 minutes

Supreme Court today while hearing the plea moved by BJP MP Manoj Tiwari seeking directions for usage of permissible firecrackers and against the blanket ban on sale, purchase and usage of firecrackers during festive seasons of Hindus, Sikhs, Christians and others in Delhi and other states, questioned Advocate Shashank Shekhar Jha,

"Are you a permanent resident of NCR? Have you seen the condition after Diwali?"

Justice MR Shah posed such a question after Jha submitted that at least green crackers should be permitted.

The bench also comprising Justice Krishna Murari clarified that the blanket ban imposed by the National Green Tribunal was only for Delhi NCR.

After a few submissions, Court agreed to hear the PIL with connected matters.

In his plea, the BJP leader has sought that fresh guidelines should be issued to all states in respect of selling, purchasing or bursting of permissible firecrackers.

After Advocate Jha had mentioned the petition before CJI last month, Court had agreed to list the same on 10th October.

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 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 has 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.

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