The Supreme Court on Monday said that the implementation of firecracker ban in Delhi during Diwali was not taken seriously by Delhi Police. The top court while directing the Commissioner of Police in Delhi to take actions for ensuring implementation of fircracker ban observed that right to live in a pollution free atmosphere is a Fundamental Right under Article 21. While seeking a response from Delhi government on its stance over proposed perpetual ban on firecrackers in the national capital, the court further said that no religion promotes any activity which promotes pollution or compromises with health of people.
The bench today went through the affidavits filed by Special Secretary, Environment department, Govt of NCT of Delhi and Delhi Police. On last occassion the court has sought explanation from Delhi Police and AAP government over non-implementation of firecracker ban.
Supreme Court Finds Delhi Police Did Not Take Firecracker Ban Seriously
The bench after going through submissions of Delhi government and Delhi police noted that as far as implementation of firecracker ban is concerned, the Govt of Delhi has expressed helplessness as the same has to be implemented by Delhi Police.
Delhi Police submited that order issuing ban was passed on October 14 by the Delhi government.
"However, we find that implementation of said order was not taken seriously by Delhi Police. No record of this order being communicated to the ones who sell, and deal with sale of firecrackers or have license to do that. First thing, Delhi Police should have done is to inform them. We direct Commissioner of Police, Delhi to immediately take action of informing all concerned about the said ban and ensure that no license holder sells or manufactures firecrackers. We direct Commissioner to form special cell to ensure effective implementation of ban on fire cracker," the top court said while dictating order.
Supreme Court Seeks Delhi Govt's Response On Firecracker Ban By November 25
The top court after going through Delhi govt's submissions said: "we wonder why Delhi Government delayed imposition of ban till October 14. It is possible that users must have already got the stock of firecrackers before that."
The top court said that right to live in pollution free atmosphere is a fundamental right under Article 21.
"Prima facie we are of the view that no religion promotes any activity which promotes pollution or compromises with health of people. Counsel for Delhi Government appears and submits that they will take a decision on the aspect of 'perpetual ban' after consulting the stakeholders. We direct government to take decision by November 25. We direct Police Commissioner to file personal affidavit putting on record the steps taken by them to enforce the ban," the bench said.
The apex court further directed all NCR states to apprise it about the steps taken by them to check pollution.