Supreme Court Allows Green Crackers in Delhi-NCR for Two Days

Synopsis

The Supreme Court in Delhi on November 2 lifted the firecracker ban for Diwali and issued guidelines for green crackers, allowing only certified green crackers in 2 time slots of the day on November 7 and 8. The sales were permitted from November 4 to 6. The Bench of Justices M.M. Sundresh and Prasanna B. Varale restored the complete ban from November 9, established no-cracker zones around hospitals and schools and ordered the Central Pollution Control Board to issue air quality bulletins prior to, during and after the Diwali festival.

The order

The Supreme Court on Monday, November 2, gave permission for bursting of certified green firecrackers in Delhi-NCR on November 7 and 8, while this blanket ban will be reinstated on November 9. The Bench of Justices M.M. Sundresh and P.B. Varale granted permission for bursting on both days between 6 AM and 7 AM and 8 PM and 10 PM. The matter has been listed in Arjun Gopal and Others vs Union of India and Others.

Diwali is on Sunday 8th of November. The sale of approved green crackers was allowed at the Bench from November 4 to 6. The window is deliberately not wide, the Court said, and it should be opened only to ease the sale and use of prohibited conventional firecrackers, authorities were told.

Conditions attached

Only products approved by CSIR-NEERI and with QR codes are allowed. The Court also ruled that there would be no firing of crackers in 300 metres radius around hospitals, nursing homes, health centres, old-age homes, notified silence zones and educational institutions. Police patrol teams were also ordered to pick up illegal firecrackers and take action against the offenders, the same report reads.

Officials were requested to check vehicles entering the area to stop the movement of illegal firecrackers and conventional firecrackers.

Monitoring air quality

The Central Pollution Control Board, along with the State Pollution Control Boards, was called upon to draft daily air quality reports for November 2-6; for November 7-8 and for November 9-30. For a comparison before and after, the three periods are provided.

Enforcement questions

The order was put to the test in practice within a day. The Court on Tuesday sent a signal about the sale of various types of firecrackers in the markets of the national capital despite their ban. The Court had requested the Centre to take steps to ensure compliance, said Verdictum.

The issue is the difference between permission and enforcement. Only a limited type of product is allowed and market checks will be the primary mechanism to exclude other varieties.

What to watch

The next three days will be crucial as it will be seen on the CPCB daily reports whether the illegal stock has been reduced ever so slightly on November 7 and 8, whether the enforcement agencies are stepping up action on the illegal stock and whether the ban can be reimposed without any disruption from November 9 onwards.