Supreme Court backs Delhi’s firecracker ban, encourages alternate celebrations

The Ministry of Environment also urged the Supreme Court to permit it to take steps for the smooth implementation and quality control of Green Crackers.

New Delhi: The Supreme Court on Wednesday questioned Delhi Police to apprise it how the crackers will be burst despite the ban imposed by the authorities concerned.

The apex court also remarked that people who want to burst firecrackers during Diwali festivals can find different ways to celebrate as it refused to interfere with the Delhi Government’s decision banning crackers in the state at this stage imposed by the Delhi Government.

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A bench of Justice AS Bopanna and Justice MM Sundresh’s remark came while dealing with the issue relating to firecrackers.

One of the pleas was filed by BJP leader Manoj Tiwari in 2022, challenging the blanket ban on firecrackers during Diwali celebrations in Delhi.

In today’s hearing, his counsel apprised the court about various states imposing a complete ban on crackers.

At this stage, the court said that it would not interfere and remarked that they could find different ways to celebrate.

The court asked Delhi Police how the banned crackers burst despite the ban.

Tiwari’s lawyer said that firecrackers are being allowed during election results. The court remarked that they celebrate victory in other ways and can do something to help the people..

The court said that If they feel like bursting crackers go to a state that has not banned it.

The court adjourned the matter for tomorrow asking Delhi Police to apprise it on the issues of bursting banned material despite the ban imposed by the government.

Meanwhile, Additional Solicitor General  Aishwarya Bhati, appearing for Centre, apprised the court about the affidavit filed by the Petroleum and Explosive Safety Organization (PESO).

She also apprised the court that various aspects are being considered including tests of chemicals, emissions released and sound testing facilities. She also apprised the court about the training and skills development programmes being carried out and thousands of manufacturers have been trained so far.

PESO, in the affidavit, apprised the court about the Green Cracker approval process and said the Fireworks may be broadly classified as Sound Emitting; Light emitting and Combination fireworks.

However, with respect to light-emitting fireworks, the variation may be four to five varieties with slight differences. The combination of fireworks uses both light and sound-emitting fireworks composition, PESO said.

“Accordingly, manufacturers licensed by PESO or District Magistrate with CSIR-NEERI and obtain improved formulation or New Formulation Fireworks Composition. After obtaining the same from CSIR-NEERI the manufacturers licensed by PESO make an application with PESO for approval of the said composition along with a certificate issued by NEERI. Accordingly, (approved composition) applications received from the manufacturers along with a certificate from NEERI for maintaining emission standards are processed and accorded in-principle approval by the respective offices of PESO strictly adhering to the timeline stipulated by the top court,” the affidavit read.

“For expediting usage of green crackers PESO has already instructed all the Fireworks manufacturers licensed by PESO to comply with the directives passed by this Court vide its order dated 23/10/2018. Accordingly, all fireworks manufacturers are advised to obtain an emission test report for improved formulation or new formulation (Green Cracker) Composition from CSIR-NEERI,” the affidavit said.

In the last hearing, The Ministry of Environment, Forest and Climate Change (MoEFCC) on Thursday apprised the Supreme Court that about the measures being taken by the concerned agencies and the Fireworks Manufacturers to address the concerns raised by the top court earlier.

The Ministry of Environment also urged the Supreme Court to permit it to take steps for the smooth implementation and quality control of Green Crackers.

The Ministry meanwhile apprised the court about the measures being taken by the concerned agencies and the Fireworks Manufacturers to accept and address the concerns raised by the Supreme Court earlier.

The top court was hearing a plea relating to the use of firecrackers during Diwali festivals.

In 2021, the Supreme Court clarified there is no blanket ban on the use of firecrackers and only those fireworks which contain barium salts are prohibited.