HC to hear on Oct 22 plea against complete ban on sale, use of firecracker by Delhi govt

The Delhi High Court Wednesday said it would hear on October 22 the plea against complete ban on sale, storage and use of firecrackers in the national capital during Diwali, saying that it will await the outcome of the hearing before the Supreme Court on the issue. "Let us wait for what guidance the Supreme Court is giving," said a bench of Chief Justice D N Patel and Justice Jyoti while hearing the plea by two individuals, Rahul Sanwariya and Tanveer, who have claimed that Delhi government's decision of imposing a complete ban was an "overreach" as the apex court has never ordered an absolute ban on the sale of firecrackers in the national capital.

"So you are saying this (ban) amounts to contempt (of Supreme Court)? Then file a contempt," said the Chief Justice.

"I'm not pitching it that high. I'm just saying Supreme Court order doesn't allow," said lawyer Gautam Jha, appearing for the petitioners.


Delhi government counsel Santosh Kumar Tripathi said the issue was coming up for hearing before the Supreme Court.

Jha stated that he sought a modification of the September 15 order which imposed a complete ban on the storage, sale and bursting of all kinds of firecrackers during the festival of Diwali on account of pollution concerns.

Instead of an absolute ban, the authorities ought to opt for green crackers or a graded regulation, he said.

The petitioners have contended that the ban was arbitrary, unreasonable and excessive.

"The action of the Respondent (Delhi government) must be no more intrusive than is necessary to meet an important public purpose. No doubt Article 25 of the Indian Constitution is subject to Article 21 and it is not contested by the Petitioners, however it is submitted by the Petitioners that the extent of the intereference of the Respondent by its decision/order is not proportionate to the ultimate aim and objective i.e to curb the Pollution in the NCT Of Delhi," the petition stated.

It is claimed that pollution in Delhi was attributable to vehicles, biomass burning etc and the complete ban on firecrackers, one and a half months prior of the festival of Diwali, has hurt the sentiments of millions of people.