22 Sep 2023 5:48 AM GMT
The Supreme Court on Friday rejected an application filed by the firecracker manufacturers association to include barium with improved formulations in green crackers. The Court clarified that the earlier orders passed by it banning the use of barium-based chemicals in fire crackers will prevail.
The Court further rejected another application filed by the firecracker manufacturers to use joined crackers. A bench comprising Justices AS Bopanna and MM Sundresh passed the order. "These two applications (for use of barium with improved formulations and joined crackers) we have declined for the present. We are not allowing for the present. The other applications are kept pending", Justice Bopanna orally said.
The Apex Court has been hearing the matter since 2015 and has passed several interim directions from time to time.
Previous Hearing
Last week, the Apex Court told BJP MP Manoj Tiwari that it won't interfere with the firecracker ban imposed in the National Capital Territory of Delhi. "Locally if there is a ban, there is a ban. We will not interfere", Justice Bopanna had orally stated.
In last week's hearing, Sr. Adv. Gopal Sankaranarayanan appearing for the petitioner (seeking the ban) had pointed out that despite the ban and the orders of the Court, manufacturing and transportation of crackers is still taking place. He added that barium, despite being banned is also being used in crackers, without being labelled in the product.
Sr. Adv. Shyam Divan, appearing for one of the respondents, had submitted that formulations with reduced quantities of barium have been developed by CSIR NEERI (National Environmental Engineering Research Institute), which is a huge development in this regard.
In this context, Justice Sundresh had remarked that barium as was used earlier could not be used, but the question for consideration for the Court would be if it can be allowed with the new formulations. “Earlier orders were passed in a different context, where substantial research had not been done. Now research institutes have come up with new formulations.” he had said.
Sankaranarayanan had also argued that no health body had informed the Court that barium is safe for use. “Let the respondents show the health impact of barium”, he had said.
Background
The writ petition was filed in 2015 by Arjun Gopal, Aarav Bhandari and Zoya Rao Bhasin, who were then aged between 6 months and 14 months, through their legal guardians, praying for urgent measures to bring down the fatal pollution level in the national capital, Delhi.
The petitioners had sought for a complete ban on use of firecrackers, sparklers and explosives during festivals.
The Apex Court has since 2015 passed several interim orders while considering the petition.
In October 2018, Supreme Court had ruled against imposing complete ban on firecrackers but said that only less polluting green crackers can be sold, that too only through licensed traders. The Court had banned online sale of firecrackers, restraining e-commerce websites from carrying out its sale. The Court had also fixed duration for bursting of crackers and ordered that crackers can be burst only in designated areas.
On 29th October 2021, a bench comprising Justices MR Shah and AS Bopanna had issued a series of directions to ensure the strict implementation of its earlier orders banning the use of barium-based chemicals in fire crackers and allowing only the use of "green crackers". The bench had also directed the States/Union Territories to see that its directions are strictly complied with in its true spirit and in toto. It also said that any lapse on part of State Governments/State Agencies and Union Territories shall be viewed seriously.
Case Title: Arjun Gopal Vs. Union Of India, W.P.(C) No. 728/2015 and connected matters