Supreme Court refuses to interfere with Delhi NCR's Firecracker Ban

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In the plea, the BJP MP had 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

The Supreme Court on Wednesday 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, a bench of Justices AS Bopanna and MM Sundresh 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 further 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.

The bench also questioned the Delhi Police on its strategy to implement the firecracker ban imposed by it.

On Monday, Delhi Environment Minister Gopal Rai said that the manufacture, sale, storage, and use of all types of firecrackers will remain banned in Delhi.

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.

It was 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.