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Supreme Court Bans Entry Of Firecrackers In Delhi-NCR For Dussehra, Diwali

12 September 2017

The apex court today lifted "for the time being" its order of suspending the permanent licences for sale and retail of fire crackers within the National Capital Region (NCR) by modifying its order of November past year. The Court was informed that 50 lakh kgs of fireworks were stocked in and around the National Capital Region (NCR).

Also, on the matter of a ban of firecrackers, apex court called a committee chaired by the chairperson of the Central Pollution Control Board (CPCB). "There is, therefore, some justification for modifying the interim order passed on November 11, 2016 and lifting the suspension of the permanent is necessary to ensure that injustice is not caused to those who have already been granted a valid permanent licence to possess and sell fireworks in Delhi and the NCR", a Bench of Justices Madan B. Lokur and Deepak Gupta observed in a 44-page judgment.

The Supreme Court modified its November 2016 ban on sale of firecrackers in the National Capital Region, noting that a complete ban is "too radical a step". The court said it would monitor the air quality in Delhi after Diwali and hear the case again.

As a part of its graded approach towards total prohibition of fireworks, the court put the permanent licensees on notice for Dussehra and Diwali in 2018.

Firecrackers would be available in Delhi NCR and people could procure and use it to celebrate Dussehara and Diwali in coming festive seasons as the Supreme Court on Tuesday lifted ban on their sale, saying that a graded and balanced and not radical approach was required to deal with pollution menace in the city.

(7) (Through) Fresh notification, Department of Education of the Government of NCT of Delhi and the corresponding Department in other states in the NCR shall immediately formulate a plan of action, in not more than 15 days, to reach out to children in all the schools through the school staff, volunteers and NGOs to sensitize and educate school children on the health hazards and ill effects of breathing polluted air, including air that is polluted due to fireworks. However, this year Diwali came on 19th October 2017.

According to official sources, the benches ordered the authorities to make sure that no crackers are burst in the silence zones. The transportation of firecrackers to the Delhi and NCR banned on Sep 12th.

The top court appointed a committee to conduct study on health of people due to bursting of crackers during festival time.

Supreme Court Bans Entry Of Firecrackers In Delhi-NCR For Dussehra, Diwali