SC asks UP and Haryana to consider imposing perpetual ban on sale & bursting of crackers in NCR districts

The two states had already imposed until Friday (January 17) a ban on crackers in the districts falling in the NCR. The bench extended this ban till further orders on Friday.

Responding to arguments against the ban by a counsel appearing for the Federation of Fireworks Traders, Justice Oka said, “You have to satisfy us that the bursting of firecrackers does not create pollution.” He asked if it is the federation’s stand that bursting of firecrackers does not create pollution.

The counsel said, “…it does create (pollution) but it varies from area to area. Sometimes it’s substantial, sometimes absolutely negligible. Even within Delhi, still there are greener areas and still there are dangerous areas or alarming areas.”

As the court said that it will hear them at the appropriate time, the counsel submitted, ‘I am suffering now.”

Justice Oka then said, “You can sell it in other parts of India where there is no ban.”

The counsel, however, said that the National Capital and peripheral areas account for a substantial part of their business. He added, “We could demonstrate with the data… done by an expert committee constituted by this court.”

Following this, Justice Oka said, “You are also citizens of India. Under Article 51A, it is your responsibility not to do anything which will increase pollution. We make it very clear. In matters of the environment, courts have to pass harsh orders because nobody else is bothered about pollution.”

As the bench said that it will hear the firecracker business owners on March 24, the counsel urged the court to allow them to sell at least green crackers in the meanwhile. But Justice Oka said, “We have to examine how green are the green crackers.”

The counsel pointed out that earlier, the court had given more than 50-page judgment based on expert report indicating that green crackers are safe.

Justice Oka, however, said the court will not hesitate to change its views if need be given “these are environmental matters”. “Situation changes and the situation has become so drastic that drastic measures are required. And therefore, if different views require to be taken on the basis of changed circumstances, we will not hesitate to do that.”