The Supreme Court has said any order on the use of firecrackers in Delhi-NCR must be manageable and enforceable, with Chief Justice of India Surya Kant stressing public awareness and a balanced approach, and has listed the matter on October 15.
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New Delhi: The Supreme Court on Monday, while hearing the suo motu case on air pollution and solid waste management in Delhi-NCR, which includes the question of permission for firecrackers, observed that it must be extremely careful in passing an order unless it can be made manageable and enforceable. The Court will take up the matter again on October 15. [In Re: Air Pollution and Solid Waste Management in Delhi-NCR]
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana heard the matter.
CJI Stresses Enforceability And Public Awareness
We have to be extremely careful in passing an order unless we are in a position to make it manageable and enforceable.
The CJI called for public awareness on harmful and less harmful firecrackers. He encouraged traditional celebrations with lamps and sparklers, a minimal-use appeal with timing restrictions, and suggested restricting the sale of very harmful crackers while permitting less harmful ones.
Traders Say There Is No Clarity
Senior Advocate J Sai Deepak, appearing for the Federation of Fireworks Traders, told the Court that the Federation was not opposed to the exercise but lacked clarity at this stage.
We are for the Federation of Fireworks Traders. No, we are not opposed. We are saying that we do not have clarity at this point.
He submitted that a ban continues pursuant to the Arjun Gopal proceedings, and that the traders must therefore participate in those proceedings as well. Another counsel submitted that there is no implementation on the ground.
Amicus On Green Crackers And Delhi Regime
The amicus curiae submitted that green crackers are already mandated by the Court in a matter concerning the entire country, which is being looked at by Court 4. For Delhi, the amicus said, there was a blanket ban last year, which was later modified to permit use on two days for three hours each day, and sale on three days.
Senior Advocate Parameshwar submitted that on October 15, 2025, the Court permitted the sale only of a category of crackers approved by NEERI, which he described as a more rigorous regime than that under Arjun Gopal. He added that there is no manufacturing in NCR and that timings were restricted for the two days.
CJI: Be Practical And Pragmatic
The CJI observed that restrictive orders tend to be taken as coercive action, and said the Court should be very practical and pragmatic. Noting that there is sufficient time, he appealed for celebrations to be restricted to particular hours, as was done last time.
The amicus raised the health of citizens, the elderly, children and the infirm, and submitted that the two-hour limit is not implemented because the police cannot be on every street. The amicus suggested that the matter be sent to the Commission for Air Quality Management (CAQM), as the statutory authority, to take on medical considerations. The CJI then said:
We will list on 15th Oct.
Health And Religious Sentiment
The amicus submitted that health must be balanced with religion. Justice Bagchi asked:
What is religious about bursting of crackers?
The amicus submitted:
Gods would be aghast if they knew that children were suffering and getting sick in their name.
The CJI said the Court would not hurt religious sentiments, and that the whole exercise should involve a balancing approach, with permitting only green crackers being one possible way.
CAQM Report And Stubble
The amicus submitted that the CAQM should file an updated report before the pollution season on actions taken, preemptive measures and future plans.
Justice Bagchi noted that there are certain proposals from the States for formulating a policy of purchasing stubble. The CJI observed that stubble has become commercially viable and that a market platform is needed.
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Case Details: In Re: Air Pollution and Solid Waste Management in Delhi-NCR (suo motu); Bench: CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana; Next hearing: October 15.
Appearances: Senior Advocate J Sai Deepak for the Federation of Fireworks Traders; Senior Advocate Parameshwar; Amicus Curiae.