The Supreme Court will hear the firecracker ban case on October 10, just ahead of Diwali. The Bench led by CJI B.R. Gavai will decide on restrictions in Delhi-NCR amid rising pollution concerns.
New Delhi: The Supreme Court of India is continuing to hear the long-pending case on the ban of firecrackers in the Delhi-NCR region. The case arises from the landmark public interest litigation M.C. Mehta v. Union of India (W.P. (C) No. 13029/1985), filed many years ago by environmentalist M.C. Mehta to address the growing problem of air pollution.
The matter came up before a Bench led by Chief Justice of India B.R. Gavai along with Justice K. Vinod Chandran. On Wednesday, the Bench took up the issue once again and agreed to hear the matter further on Friday, October 10, just ahead of Diwali.
Solicitor General Tushar Mehta, appearing for the central government, requested the case be listed for another day.
Senior Advocate Balbir Singh, representing firecracker manufacturers, urged the Court to take it up before the festival.
He said:
“I request for Friday, because there is Diwali next week.”
The Chief Justice agreed and fixed the hearing for October 10.
Earlier in September, the Supreme Court had allowed certified manufacturers of green crackers, those approved by the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO), to manufacture such crackers in Delhi-NCR, but with a condition: they cannot be sold within the NCR.
The Bench had stressed that an outright ban would have unintended consequences, and therefore, the central government was asked to consult all stakeholders including the Delhi government, manufacturers, and sellers, and present a balanced policy before the Court.
Senior Advocate K. Parameshwar, appearing for manufacturers, assured the Court that the industry would follow strict environmental and safety standards as required under the 2018 Arjun Gopal judgment.
However, the Court made it clear that while manufacturing may be permitted under strict conditions, the ban on sale within Delhi-NCR would continue.
In recent hearings, the Bench has also observed that air pollution is a problem faced by the entire country, not just Delhi. Chief Justice Gavai had remarked:
“If firecrackers are to be banned, they should be banned throughout the country..”
He further said:
“If cities in NCR are entitled to clean air, why not people of other cities? Whatever policy has to be there, it has to be on a pan-India basis. We can’t have a policy just for Delhi because they’re elite citizens of the country.”
Sharing his own experience of air pollution in northern India, CJI Gavai added:
“I was there in Amritsar in winter last year, and there the pollution was worse.”
The Bench also questioned why the ban was confined only to NCR regions. Advocate K. Parameshwar pointed out that there is a year-round ban on the sale and manufacture of firecrackers in NCR.
At this stage, Senior Advocate Aparajita Singh, assisting the Court as amicus curiae, said that it is actually the poor who bear the worst effects of pollution. She told the Bench:
“Elite leave Delhi during Diwali season and they have air purifiers..”
In earlier hearings, she had similarly observed:
“Elites take care of themselves. They go out of Delhi when there’s pollution.”
The Court then called for a detailed report from the Commission for Air Quality Management (CAQM), which would guide the Court in deciding on future restrictions.
This matter also links back to several earlier orders of the Supreme Court. On April 3, 2025, the Court had refused to lift the ban on manufacture, storage, and sale of firecrackers in Delhi-NCR, noting that pollution levels remained “alarming” for a long time.
In January 2025, the Supreme Court extended the firecracker ban to NCR areas of Uttar Pradesh and Haryana. Referring to its earlier order of December 19, 2024, a Bench of Justices Abhay S. Oka and Ujjal Bhuyan noted:
“…Ban imposed on firecrackers. Our last order, dated 19 December 2024, records that the state of Rajasthan has imposed a similar ban in perpetuity in terms of the ban imposed by the Delhi government under the order dated 19 December 2024. The state of Rajasthan confined the ban to that part of the state which falls in the NCR. We directed the states of Uttar Pradesh and Haryana to consider taking a decision to impose a perpetual ban similar to the one imposed by the Delhi government under the order dated 19 December 2024, restricted to the NCR parts of the states. Till further orders are passed the ban imposed by the state of Uttar Pradesh and Haryana limited NCR parts of the states which was effective till today is extended. The compliance by the states will be considered on 24th of March 2025….”
Even before that, in November 2024, as the air quality in Delhi worsened, the Court had made a significant observation:
“No religion promotes any activity that contributes to pollution or compromises the health of people.”
In 2023, the Supreme Court had upheld its blanket ban on production and sale of firecrackers, including so-called “green crackers,” in Delhi-NCR.
The Court had also directed Delhi Police to strictly enforce the restrictions but noted that filing cases against individuals for burning crackers alone may not solve the problem.
The Court further reiterated its earlier directions, including a ban on the use of barium salts in firecrackers, prohibition on manufacturing and selling joined firecrackers, and compliance with all earlier guidelines.
The ongoing proceedings show that the Court is keen to strike a balance between protecting public health and considering the economic interests of manufacturers.
But the consistent stand of the Bench has been that clean air is a fundamental right for all citizens, and not just for residents of Delhi-NCR.
Case Title:
M.C. Mehta v. Union of India (W.P. (C) No. 13029/1985)
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