Delhi High Court Rejects Plea Against Absolute Ban On Firecrackers

The Delhi High Court has rejected a petition by firecracker merchants against the Delhi government's complete ban on firecrackers.

New Delhi: The Delhi High Court has rejected a plea against the absolute ban on firecrackers imposed by the Delhi Pollution Control Committee. The plea by two firecracker merchants sought to "purchase, sell and store only green crackers" during the festive season. It was dismissed by Justice Yashwant Varma who said it was not appropriate for the court to independently examine such a challenge when the issue "does appear to be engaging the attention" of the Supreme Court. 

The court, however, said the petitioners were free to initiate appropriate proceedings under the law to seek redressal of their grievances.

According to the PTI report, the green cracker merchants Shiva Fireworks and Jai Mata Stores approached the high court last month, objecting to the ban imposed by the Delhi Pollution Control Committee (DPCC) on the sale and use of all kinds of firecrackers in the city during the upcoming months.

The high court noted that the issue of pollution by firecrackers was first considered by the Supreme Court. 

"From the material placed on record, the court notes the issue of pollution as a result of the use of firecrackers during Diwali was first considered by the Supreme Court (in a case). The petitioner remains pending on the board of the Supreme Court. Subsequently, another writ petition came to be preferred before the Supreme Court seeking the issuance of guidelines in respect of sale, purchase and bursting of permissible firecrackers. The writ petition also produces some of the banning orders issued by few states," the court noted, as per PTI.

The high court further said that it wouldn't be appropriate for it to entertain an independent challenge. 

"In view of the aforesaid, it would not be appropriate for this court to entertain an independent challenge, especially since the issue does appear to be engaging the attention of the Supreme Court. Accordingly, while this writ petition stands dismissed, this order shall not preclude the petitioner from initiating such proceedings as may be permitted in law," the court further said.

The petitioners Shiva Firecrackers and Jai Mata Store stated in their plea, that the"last-minute ban" imposed by the DPCC on September 14 was illegal and adversely affects their livelihood.