The Supreme Court on Friday declined to interfere with an order passed by the National Green Tribunal (NGT) banning sale of firecrackers during COVID time in areas with 'poor' air quality index (AQI)..A Bench of Justices AM Khanwilkar and Sanjiv Khanna went to the extent of observing that scientific studies are not required to gauge the ill-effects of firecrackers on health and any resident of Delhi is aware of its effects, especially during Diwali when pollution levels spike. ."Do you need IIT to understand that fire crackers impact your health? ask someone staying in Delhi what happens during Diwali," Justice AM Khanwilkar remarked. This was after advocate Sai Deepak J, representing a seller of firecrackers, said that "as per a IIT Kanpur report, fire cracker is not even the list of top 15 factors which contributes to air pollution."The Court was hearing an appeal by firecracker sellers and dealers challenging the order of NGT.The Court while dismissing the appeals said that if air quality improves, the authorities may permit sale and use of firecrackers as per the AQI..Senior Advocate PS Narasimha, appearing for firecracker sellers/ dealers informed the Court that a total ban has been imposed on firecrackers during COVID. However, the Bench said that the ban is in place only in places where air quality is poor and there is ban only in sales and not on manufacture. "Ban is only defendant on air category. If its severe it will not be not allowed. Ban is only where quality is poor. When the air quality is moderate green crackers are allowed. In other areas it is allowed," the Court noted. "There is no ban on manufacturing. Only use is banned in areas where air quality is poor," Justice Khanwilkar added."There is ban on sales too," Narasimha said. "There has to be a ban on sales too in areas where air quality is poor," the Court responded. .The Court eventually dismissed the appeals stating that no clarification or interference is warranted. "NGT Order is a graded approach taken by the Tribunal to the prevailing situation. No clarification needed. It was expressed that manufacturing activities will also be prohibited in the concerned area if the AQ falls. The (NGT) order does not deal with that. If the situation is covered by earlier general directions of this court, it must be followed in letter and spirit. these appeals are devoid of merit and are dismissed," the Court ordered.
The Supreme Court on Friday declined to interfere with an order passed by the National Green Tribunal (NGT) banning sale of firecrackers during COVID time in areas with 'poor' air quality index (AQI)..A Bench of Justices AM Khanwilkar and Sanjiv Khanna went to the extent of observing that scientific studies are not required to gauge the ill-effects of firecrackers on health and any resident of Delhi is aware of its effects, especially during Diwali when pollution levels spike. ."Do you need IIT to understand that fire crackers impact your health? ask someone staying in Delhi what happens during Diwali," Justice AM Khanwilkar remarked. This was after advocate Sai Deepak J, representing a seller of firecrackers, said that "as per a IIT Kanpur report, fire cracker is not even the list of top 15 factors which contributes to air pollution."The Court was hearing an appeal by firecracker sellers and dealers challenging the order of NGT.The Court while dismissing the appeals said that if air quality improves, the authorities may permit sale and use of firecrackers as per the AQI..Senior Advocate PS Narasimha, appearing for firecracker sellers/ dealers informed the Court that a total ban has been imposed on firecrackers during COVID. However, the Bench said that the ban is in place only in places where air quality is poor and there is ban only in sales and not on manufacture. "Ban is only defendant on air category. If its severe it will not be not allowed. Ban is only where quality is poor. When the air quality is moderate green crackers are allowed. In other areas it is allowed," the Court noted. "There is no ban on manufacturing. Only use is banned in areas where air quality is poor," Justice Khanwilkar added."There is ban on sales too," Narasimha said. "There has to be a ban on sales too in areas where air quality is poor," the Court responded. .The Court eventually dismissed the appeals stating that no clarification or interference is warranted. "NGT Order is a graded approach taken by the Tribunal to the prevailing situation. No clarification needed. It was expressed that manufacturing activities will also be prohibited in the concerned area if the AQ falls. The (NGT) order does not deal with that. If the situation is covered by earlier general directions of this court, it must be followed in letter and spirit. these appeals are devoid of merit and are dismissed," the Court ordered.