“Let the people breathe clean air, and spend your money on sweets instead,” the Supreme Court’s bench, headed by Justice M R Shah said, in his order and refused to lift the ban on firecrackers.
Lawyer Shashank Shekhar Jha, advocate appearing for Tiwari, had pleaded to the Supreme Court for lifting ban on firecrackers. He urged the Top that the Delhi government’s order on blanket ban on firecrackers is a complete violation. So thereby this Court should pass appropriate order and direction in lifting the ban on firecrackers.
Jha also submitted to the Apex Court that this court had earlier allowed crackers without Barium Salt and green crackers. So this time also, this court should allow sort of similar directions and orders.
Jha also submitted to the Apex Court that the pollution is rising due to Parali (stubble burning) burning and other factors, but Justice Shah refused to hear it on urgent basis and said the Court would hear the petition later.
The BJP leader, Tiwari, had moved the Supreme Court challenging the blanket van order of the Delhi Government on firecrackers in Delhi. But after keeping in view the fact that the pollution level is not in levels, so declined to lift the ban on firecrackers.
Tiwari sought directions to the Aam Aadmi Party (AAP) government to issue fresh guidelines with regard to sale, purchase and bursting of permissible firecrackers during the upcoming festive season.
The BJP MP also sought directions to all States not to take any coercive action like lodging FIR against common people found selling or using permissible firecrackers.
“In the name of Right to life, freedom of religion cannot be taken away and that a balance has to be struck like that has been done through the decision of this Court dated October 29, 2021,” submitted the plea filed through advocate Ashwani Kumar Dubey and Shashank Shekhar Jha.
In 2021, the Supreme Court had clarified there is no blanket ban on use of firecrackers and only those fireworks which contain barium salts are prohibited.
The Top Court had banned the usage of firecrackers which are found to be injurious to health while making it clear that there was no blanket ban on crackers and that people can include permissible firecrackers to celebrate their festival, the plea said.
The AAP government in Delhi on September 7 put a blanket ban on firecrackers with immediate effect in the capital till January 1, 2023.