The Supreme Court on Monday came down heavily on the Government of National Capital Territory of Delhi (GNCTD) and the Delhi Police over their failure to implement the ban on firecrackers in Delhi during the Diwali festival.
Calling the right to live in a pollution-free environment a fundamental right of every citizen under Article 21 of the Constitution of India, the Bench of Justice Abhay S Oka and Justice Augustine George Masih prima facie observed that no religion promoted any activity that promoted pollution or compromised with the health of people.
The Bench made the observations, while hearing a case related to pollution in Delhi, specifically examining the action taken by the authorities in the States of Punjab, Haryana and Uttar Pradesh to curb the incidents of stubble-burning.
During the previous hearing, the Apex Court had reprimanded both the Delhi government and the Delhi Police over flouting of the firecracker ban during Diwali celebrations in the national capital.
The Bench asked the Delhi government to consider implementing a perpetual firecracker ban.
The Delhi government today said that the Court’s instruction for a perpetual ban would be considered after consultation with various stakeholders.
The Court enquired asked about the stakeholders to be consulted and said a decision must be taken by November 25. The Bench told the Delhi government that in case any stakeholder claimed the right to burn firecrackers under Article 21, they should come to the Court.
The neighbouring states were directed to inform the Court about the steps taken by them to ensure that pollution remained minimal in their areas.
The Bench noted that the GNCTD has expressed its helplessness over the widespread use of firecrackers in Delhi during Diwali by saying that the ban was to be implemented by the Delhi Police.
The Bench noted that though the order was passed on October 14, its implementation was not taken seriously by the Police.
The order imposing the ban was not communicated to those who dealt with selling and manufacturing of firecrackers.
The Bench directed the Commissioner of Police (CP), Delhi to immediately take action by informing all concerned about the ban – which was in place till January 1, 2025, and ensure that no licence holder either sold or manufacturerd firecrackers.
The Delhi CP was further directed to set up a Special Cell to ensure effective implementation of the ban on firecrackers.
The Bench further ordered the Delhi Police Commissioner to file a personal affidavit putting on record the steps taken by them to enforce the ban.
It also questioned the Delhi government for passing the order on October 14, noting that users must have already got the stock of firecrackers before that.
The Supreme Court had taken a prima facie view in October that the Union government was not taking any penal action to curb stubble burning.
It had directed the Union of India to amend the law and increase the fines levied on farmers indulging in stubble burning. The Centre recently increased the fines.
Representing certain farmers, Senior Advocate Siddharth Dave today contended that machinery was not being provided for stubble burning. He said the farmers had requested for machinery and once provided, stubble-burning would be stopped.
The Bench refused to entertain the petition, stating that since the Court passed strong orders for prosecuting the violators, the farmer had approached it.
However, the Bench agreed to list the farmers’ intervention application.
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