How did Delhi's firecracker ban go up in smoke during Diwali? Supreme Court asks

The Supreme Court on Monday demanded answers from the Delhi government on how its ban on bursting firecrackers to curb pollution was flouted during Diwali celebrations in the national capital [In Re: Commission for Air Quality Management].

A Bench of Justices Abhay S Oka and Augustine George Masih today took a serious view of newspaper reports that indicated a total non-compliance with the government's restrictions on bursting firecrackers.

"We want Delhi government to immediately respond as to why this has happened. We will simultaneously issue notice to Delhi Police Commissioner as to why there is non-compliance. We have to hear this immediately. The real problem is that this is all under Air Prevention Act, 1981, which after amendment this year, has only penalty provisions," the Court orally remarked during today's hearing of a plea concerning air pollution in and around the national capital.

The Court proceeded to order the Delhi government to file an affidavit on the steps taken to ensure that pollution is tackled and to enforce the firecracker ban.

The Court said that this affidavit should also detail the steps that would be taken to ensure that firecracker-related pollution does not arise again during Diwali celebrations next year.

The Court further said that these steps should include measures to conduct a public campaign to sensitise the public against such pollution.

Notably, the Court also asked the Delhi government to consider implementing a perpetual firecracker ban in the national capital.

"The affidavit by Delhi Government and Police Commissioner to be filed in one week ... In the meanwhile, Delhi Government and other authorities must also take call on perpetual ban of these firecrackers," the Court's order said.

The Court will consider this aspect of Diwali-related pollution again on November 14.

"There cannot be any dispute that ban on fire crackers was hardly implemented. The ban on fire crackers being non-complied is very well clear from the report which amicus cited, which is that this time pollution level was at all time high. Even report suggested farm fire was also at a high time rise," the Court further observed in its order.

Amid concerns of the deteriorating air quality in Delhi, the State government had recently banned the production, sale, and use of various types of firecrackers in the national capital till January 1, 2025.

However, during today's hearing, Additional Solicitor General (ASG) Archana Pathak Dave agreed that there was absolute non-compliance with these restrictions during Diwali this year.

Amicus Curiae Aparajita Singh added that there is a report suggesting a huge increase in air pollution on the day of Diwali, with the pollution percentage rising from 10 per cent to 27 per cent

The Court observed that something needs to be done to address this issue.

"Something has to be done. Either the ones' who are selling crackers despite ban, their premises must be sealed. We will look into this. Amicus Curiae points out that a report suggested that there was huge increase in the pollution on the day of Diwali. Pollution percentage goes from 10 percent to 27 percent ... This has to be responded immediately," the Court said.

The Court also flagged concern over people bringing in firecrackers from other States into Delhi to defy the firecracker ban.

"People are bringing fire crackers from other states. There has to be public campaign before Diwali, lack of public understanding," the Bench remarked.

The case before the Court also concerns pollution due to stubble burning in neighbouring States such as Punjab, which is said to be a major factor to air pollution in Delhi.

The Supreme Court had earlier pulled up the Commission for Air Quality Management (CAQM) for failing to take adequate steps to tackle such pollution. It had even summoned the Chief Secretaries of Punjab and Haryana after noting that not a single prosecution had taken place against stubble burning incidents.

In October, it had taken a prima facie view that the Union government was not taking any penal action to curb stubble burning.

It had directed the Central government to amend the law so as to increase the fines levied on farmers who indulge in the same.

During today's hearing, the Court gave the States of Punjab and Haryana one week's time to submit details of stubble burning incidents in the last ten days.

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