Institute of Legal and Management Studies

The Supreme Court on Friday (September 26) asked the Centre to take a decision on revising the absolute ban on manufacture of firecrackers in Delhi-National Capital Region after holding consultations with all the stakeholders.

In the meantime, the Court allowed certified manufacturers of green crackers, who have the permits from the NEERI and the PESO, to manufacture green crackers in Delhi-NCR, subject to the condition that they will not be sold in the NCR.

"In the meantime, we permit the manufacturers who are having the certification of green crackers as certified by the NEERI as well as PESO to manufacture. However, this will be subject to an undertaking by the manufacturers to this Court that until further orders passed by this Court, they would not sell any of their crackers in the prohibited areas."

The Court will consider the matter next on October 8.

A bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria passed the order in the MC Mehta case.

During the hearing, it was argued by some parties that the order passed by the Court on April 3 - which extended the firecracker ban in NCR to the entire year instead of just the winter season - was in conflict with the 2018 judgment in the Arjun Gopal case. The bench said that it was not proposing to go into that issue at this moment.

The bench observed in the order that a complete ban may not be practical and ideal. In this regard, the bench pointed out that the absolute ban on mining in Bihar had led to the rise of illegal mining mafias.

The bench therefore observed that a "balanced approach" has to be taken and asked Additional Solicitor General of India Aishwarya Bhati to communicate to the Ministry of Environment, Forests and Climate Change to take all stakeholders on board before taking a decison.

During the hearing, Senior Advocate Aparajita Singh, the amicus curiae in the MC Mehta matter, advocated a complete ban on firecrackers, including their manufacture. Allowing the manufacture in NCR will eventually lead to their sale and use in the prohibited areas, she said.

Senior Advocates Balbir Singh (assisted by AoR Devansh Srivastava) and K Parameshwar, appearing for manufacturers, sought to allow manufacturing within strict conditions. They submitted that they can declare the quantities on the websites and will make all necessary declarations.

CJI Gavai asked why manufacturing can't be allowed, subject to the condition that they cannot be sold in Delhi. He also expressed concerns about the impact on the livelihood of workers.

"What is the problem in allowing them to manufacture if they follow norms. There has to be solution. Extreme orders will create problems....So let them manufacture and let there be no sale in NCR till further orders..." CJI observed.

CJI also pointed out that the ban is hardly being followed on the ground.