The Supreme Court while dismissing a plea challenging the National Green Tribunal’s order for imposition of a complete ban on the sale and use of all firecrackers during the COVID-19 pandemic in cities, said that no further clarification or deliberation was required.
A Bench of Justice AM Khanwilkar and Justice Sanjiv Khanna said that the NGT in its order has already decided the issue and no further clarification or deliberation was required.
It further said that authorities may permit the sale and use of firecrackers as per the category of Air Quality Index in the cities.
The Bench said that manufacturing or production of firecrackers was allowed and those who wanted to use firecrackers could do so with permission depending upon the category of AQI. It clarified that the ban is in places where air quality is poor and there is no ban on the manufacture.
“Ban is the only defendant on-air category. The moment there is the poor quality of air, all activities should stop”, observed the Bench.
The apex court was hearing an appeal of firecracker sellers and dealers challenging the order of NGT where it had banned the sale and use of firecrackers in Delhi-NCR and other cities in India wherein the AQI was poor.
During the hearing, advocate Sai Deepak J appearing for a seller of firecrackers, contended that firecrackers did not feature in the Indian Institute of Technology’s top 15 reasons for pollution.
The Bench, however, observed that scientific studies are not required to gauge the ill-effects of firecrackers on the health of people.
“Do you need IIT to understand that firecrackers impact your health? ask someone staying in Delhi what happens during Diwali,” remarked Justice Khandelwal.
It further directed that District Magistrates had been directed to ensure that firecrackers that had been banned would not be sold, and were given the authority to recover compensation in cases of violations.
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