The Supreme Court has today refused to modify its judgment of September 12, 2017 by which it had lifted the ban on sale of firecrackers in Delhi-NCR..A Bench of Justices AK Sikri, AM Sapre and Ashok Bhushan, however, ordered that the September 12 judgment would come into effect only from November 1, 2017. This has been done to test the impact of not bursting crackers on Diwali..This would mean that the ban on sale of firecrackers will be in place till October 31, 2017..On September 12, the Supreme Court had modified its November 2016 order on the sale of fireworks, observing that a complete ban would be “an extreme step”..The judgment had stated,. “…a complete ban on the sale of fireworks would be an extreme step that might not be fully warranted by the facts available to us.”.The Court had, therefore, revoked the suspension of valid permanent licences to possess and sell fireworks in Delhi and NCR. The Bench, in its judgment, had also opined that a graded and balanced approach would be needed to reduce and eliminate the air pollution in the capital caused due to firecrackers..After the judgment was pronounced, certain modifications were sought by petitioners, who wanted restoration of the November 2016 order, which had suspended licenses to sell firecrackers..The petitioner had submitted that the primary reason for passing such an order in November 2016 was rising of pm levels at alarming proportion because of burning of crackers during Diwali, which had direct impact on the same..It was further pointed out that the order of November 11, 2016 was passed immediately after Diwali. But the effect of that order would not be discernible as in the judgment dated September 12, 2017, the said order stands relaxed. It was pleaded that at least for one Diwali season this suspension should have continued in order to find out the effect thereof..The Court in its Order today noted that the submissions of the petitioners regarding the harmful effects of using firecrackers on Diwali appear convincing. It, therefore, ordered that its judgment of September 12, 2017 would come into effect only from November 1, 2017..“These aspects highlighted by the learned counsel appear to be convincing. We are of the view that the order suspending the licences should be given one chance to test itself in order to find out as to whether there would be positive effect of this suspension, particularly during Diwali period. Insofar as adverse effects of burning of crackers during Diwali are concerned, those have been witnessed year after year. The air quality deteriorates abysmally and alarmingly and the city chokes thereby. It leads to closing the schools and the authorities are compelled to take various measures on emergent basis, when faced with “health emergency” situation. This very situation had occurred on the very next morning after Diwali in the year 2016. It resulted in passing the order dated November 11, 2016. This order prevailed during the year but the impact and effect of this order remains to be tested on Diwali days. Going by these considerations, we are of the opinion that the judgment dated September 12, 2017 passed by this Court should be made effective only from November 01, 2017.”.The Court, however, made it clear that it is not tweaking the directions in its September 2017 judgment. It also directed that all licenses issued by the police after that judgment should be suspended forthwith..“To put it clearly, though we are not tweaking with the various directions contained in the Orders dated September 12, 2017, the effect of that Order would not be given during this Diwali and, therefore, we are making it effective only from November 01, 2017. We are conscious of the fact that after the said order was passed, the police may have issued temporary licences. Accordingly, those are suspended forthwith so that there is no 20 further sale of the crackers in Delhi and NCR. Further orders in this behalf can be passed on assessing the situation that would emerge after this Diwali season.”.Read the Order below..Click here to download the Bar & Bench Android App
The Supreme Court has today refused to modify its judgment of September 12, 2017 by which it had lifted the ban on sale of firecrackers in Delhi-NCR..A Bench of Justices AK Sikri, AM Sapre and Ashok Bhushan, however, ordered that the September 12 judgment would come into effect only from November 1, 2017. This has been done to test the impact of not bursting crackers on Diwali..This would mean that the ban on sale of firecrackers will be in place till October 31, 2017..On September 12, the Supreme Court had modified its November 2016 order on the sale of fireworks, observing that a complete ban would be “an extreme step”..The judgment had stated,. “…a complete ban on the sale of fireworks would be an extreme step that might not be fully warranted by the facts available to us.”.The Court had, therefore, revoked the suspension of valid permanent licences to possess and sell fireworks in Delhi and NCR. The Bench, in its judgment, had also opined that a graded and balanced approach would be needed to reduce and eliminate the air pollution in the capital caused due to firecrackers..After the judgment was pronounced, certain modifications were sought by petitioners, who wanted restoration of the November 2016 order, which had suspended licenses to sell firecrackers..The petitioner had submitted that the primary reason for passing such an order in November 2016 was rising of pm levels at alarming proportion because of burning of crackers during Diwali, which had direct impact on the same..It was further pointed out that the order of November 11, 2016 was passed immediately after Diwali. But the effect of that order would not be discernible as in the judgment dated September 12, 2017, the said order stands relaxed. It was pleaded that at least for one Diwali season this suspension should have continued in order to find out the effect thereof..The Court in its Order today noted that the submissions of the petitioners regarding the harmful effects of using firecrackers on Diwali appear convincing. It, therefore, ordered that its judgment of September 12, 2017 would come into effect only from November 1, 2017..“These aspects highlighted by the learned counsel appear to be convincing. We are of the view that the order suspending the licences should be given one chance to test itself in order to find out as to whether there would be positive effect of this suspension, particularly during Diwali period. Insofar as adverse effects of burning of crackers during Diwali are concerned, those have been witnessed year after year. The air quality deteriorates abysmally and alarmingly and the city chokes thereby. It leads to closing the schools and the authorities are compelled to take various measures on emergent basis, when faced with “health emergency” situation. This very situation had occurred on the very next morning after Diwali in the year 2016. It resulted in passing the order dated November 11, 2016. This order prevailed during the year but the impact and effect of this order remains to be tested on Diwali days. Going by these considerations, we are of the opinion that the judgment dated September 12, 2017 passed by this Court should be made effective only from November 01, 2017.”.The Court, however, made it clear that it is not tweaking the directions in its September 2017 judgment. It also directed that all licenses issued by the police after that judgment should be suspended forthwith..“To put it clearly, though we are not tweaking with the various directions contained in the Orders dated September 12, 2017, the effect of that Order would not be given during this Diwali and, therefore, we are making it effective only from November 01, 2017. We are conscious of the fact that after the said order was passed, the police may have issued temporary licences. Accordingly, those are suspended forthwith so that there is no 20 further sale of the crackers in Delhi and NCR. Further orders in this behalf can be passed on assessing the situation that would emerge after this Diwali season.”.Read the Order below..Click here to download the Bar & Bench Android App
