Supreme Court Upholds Firecracker Ban in Delhi: “Find Other Ways to Celebrate,” Advises Court to BJP MP Manoj Tiwari
On Wednesday, September 13, the Supreme Court firmly communicated to BJP MP Manoj Tiwari that it would not intervene in the firecracker ban implemented in the National Capital Territory of Delhi. Representing Tiwari, his counsel contended before a bench, consisting of Justices AS Bopanna and MM Sundresh, that the Delhi Government’s decision to completely prohibit the sale and usage of firecrackers contradicts the Supreme Court’s stance against an all-encompassing ban.
Tiwari’s counsel highlighted, “There are many states imposing a complete ban despite the orders of this court.”
However, Justice Bopanna responded,
“Locally if there is a ban, there is a ban. We will not interfere.”
He further suggested,
“You can find other ways to celebrate.”
Light-heartedly, Justice Bopanna added,
“If you feel like bursting crackers, go to a state where it is allowed. Do something for the people. You should be telling your supporters not to do it.”
Last year, ahead of Diwali in October 2022, Tiwari had challenged the firecracker ban in Delhi through a writ petition. In previous hearings, the Supreme Court had consistently shown reluctance to meddle with the ban.
“Spend your money on sweets… Let people breathe clean air,”
remarked a bench comprising Justices MR Shah and MM Sundresh during last year’s discussions. The Court had previously emphasized Delhi’s alarming air pollution levels as a primary reason for upholding the firecracker ban.
Reiterating its commitment to combat pollution, the Delhi Government recently announced its decision to ban the manufacturing, sale, storage, and use of firecrackers this winter.
In 2021, the Supreme Court issued a series of directives to ensure that firecrackers did not contain banned chemicals during the Diwali celebrations. The Court clarified that the ban was not universal; only firecrackers containing barium salts were prohibited. Green crackers, however, were deemed permissible, aligning with the Supreme Court’s 2018 guidelines.
Tiwari’s writ petition was considered alongside the case Arjun Gopal and others v. Union of India (WP(c) 728/205), a 2015 petition filed by a group of minors advocating for the regulation of firecrackers in Delhi. The main matter’s hearing is currently in progress.
