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The court expressed surprise over the delay in imposing the firecracker ban, which was only announced on October 14, noting that many individuals must have already stockpiled firecrackers by that time
Amid worsening air quality in Delhi NCR, the Supreme Court of India today remarked that 'no religion promotes any activity that contributes to pollution or compromises the health of people."
A Bench comprising Justices Abhay S Oka and Augustine George Masih reiterated that the right to live in a pollution-free atmosphere is guaranteed under Article 21 while hearing a bunch of petitions filed in the MC Mehta case.
In the previous hearing, the bench had called for an affidavit from the Delhi Police Commissioner on steps taken to ensure the ban on firecrackers during the Diwali celebration. In addition, it had directed the AAP-led Delhi government to file a response within a week on the steps taken by it to tackle pollution in the NCR region.
During today’s hearing, Justice Oka inquired about the firecracker ban and the government’s steps to address pollution. The counsel for the Delhi government informed the court that on October 14, it had announced a ban on firecrackers until January 1, 2025, to curb air pollution.
On Justice Oka's asking, "So, your affidavit says that only during Diwali will you ban firecrackers?" the counsel for the Delhi government responded that they would consider a perpetual ban after consulting with various stakeholders. The court then directed the government to decide by November 25.
While noting that the Delhi government had expressed helplessness in implementing the ban, the court observed that the Delhi Police had not taken the enforcement of the ban seriously.
Court has accordingly directed the Delhi Police Commissioner to immediately inform all stakeholders about the firecracker ban and ensure that no license holder sells or manufactures firecrackers. It further asked the Commissioner to form a special cell to enforce the said ban in an effective manner.
Further, it directed the Delhi Police Commissioner to file a personal affidavit highlighting the steps taken to enforce the said ban. It also instructed all states within NCR to come before the court and report the measures they have taken to curb pollution.
Recently, the Supreme Court had while taking note of rampant stubble burning, upheld the right to a pollution-free environment while observing that 'stubble burning is not merely a violation of law but an infringement of the fundamental rights guaranteed under Article 21 of the Constitution.'
In November last year, the Supreme Court had pulled up the governments of Punjab, Rajasthan, Haryana, and UP, asking them to immediately stop stubble burning.
In reference to the worsening of the condition in Delhi NCR, the Supreme Court had remarked that a huge number of taxis were found on Delhi roads, with only one passenger onboard.
Supreme Court had also 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.
Earlier, the apex Court had 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.
In addition to this, the bench had said, "We are not against any community we want full implementation of orders. We are not against the festivals but we cannot play with the right to life of others."
Case Title: MC Mehta vs. Union of India
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