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A petition has been filed before the Delhi High Court seeking appropriate directions to Delhi Government to change or modify its order dated September 15, 2021 imposing a total ban on the sale, storage, bursting of all kinds of crackers during the festival of Diwali by citing the situation of Pollution in Delhi.

The petition filed by Rahul Sawariya and Tanveer through Advocates Gautam Jha, Pankaj Kumar and Shweta Jha states that the decision to ban all kinds of crackers one and a half months before Diwali is arbitrary, unreasonable and also excessive.

The petition states that the action of the   government must be “no more intrusive than is necessary to meet an important public purpose”. 

The petitioners have submitted that no doubt Article 25 is subject to Article 21 which is not contested by the petitioners but the extent of interference by the government is not proportionate to the ultimate objective to curb the Pollution in NCT Delhi.

Referring to a report prepared by the National Clean Air Programme under the Ministry of Environment and Forest and Climate Change on the issue of Air Pollution, the petitioners have submitted that bursting of fire crackers is not amongst the major source of air pollution in the National Capital.

The petitioners have submitted that the Government ought to have considered Graded Regulations instead of a complete ban when the Supreme Court has acknowledged that green crackers are less harmful for the environment.

The petitioners have argued that there are many factors which are contributing to air pollution but the Government has not put a complete ban on such activities as “taking such decision would be politically difficult or unpopular or may not be as news worthy as the decision to complete ban the use of firecrackers”.

It has been submitted that the decision of the government to ban the use of firecrackers one and a half month before Diwali has hurt the sentiments of millions of persons who celebrate Diwali in the NCT of Delhi and who use firecrackers irrespective of caste and religion.

Case Title: Rahul Sawariya and Anr vs State of NCT of Delhi