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Synopsis

The Supreme Court has refused to interfere with the blanket ban imposed by it on production and sale of firecrackers including green crackers.

A bench of Justices AS Bopanna and MM Sundresh has thus dismissed two applications moved by firecracker manufacturers to allow barium-based crackers.

"These two applications we have declined for the present. The other applications are kept pending. All we can say is Happy Diwali", said Justice Bopanna today in court while pronouncing the order.

Last Thursday, Supreme Court told the Delhi Police that filing cases against people who burn firecrackers may not help in curbing sale of firecrackers.

Senior Advocate Gopal Sankaranarayanan appearing for the petitioners, had told court that it was the poor people who were suffering from the issues of pollution.

"..people living on streets suffer while the rich burn crackers worth lakhs of rupees and go back to their homes with air purifiers...", he had added.

Sharing from personal experience, the senior counsel further said that he tried ordering firecrackers online and it were available in bulk.  A day before, the bench had questioned the Delhi Police on its strategy to implement the firecracker ban imposed by the Delhi government.

In its response, ASG Aishwarya Bhati, appearing for Delhi Police, submitted a status report. "Filing cases against people who burn crackers may not help, you have to nip it in the bud...", the bench said after perusing said report.

To this, ASG Bhati had responded saying, "Centre is dealing with air pollution, but if pollution is still high despite the ban, is it only firecrackers contributing to it..The licensing unit has not granted any licenses since 2016.."

The Supreme Court had also refused to interfere with the ban imposed by the Delhi government on the storage, sale and use of all types of firecrackers. While doing so, the bench told petitioner BJP MP Manoj Tiwari to go to a state where it is allowed to burn crackers if he wished to do so. 

You should be asking people not to burn crackers, court had told the Counsel appearing for Tiwari. “Locally, if it is banned, then it is banned, that’s all…,” the bench said, rejecting Tiwari's plea.

Last year, while hearing the plea moved by Tiwari seeking directions for usage of permissible firecrackers and against the blanket ban during festive seasons of Hindus, Sikhs, Christians and others in Delhi and other states, Supreme Court had questioned Advocate Shashank Shekhar Jha, "Are you a permanent resident of NCR? Have you seen the condition after Diwali?"

In his plea, the BJP leader had sought that fresh guidelines should be issued to all states in respect of selling, purchasing or bursting of permissible 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 this Court reproduced hereinabove.

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: Arjun Gopal and Ors. vs. Union of India and Ors.