Delhi HC to hear plea against complete ban on sale of firecrackers on October 22

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• Oct 7, 2021 | moderator

New Delhi: The Delhi High Court (HC) stated that it would hear the plea against the total ban on the sale, use and storage of firecrackers by the Delhi government during Diwali celebrations. On Wednesday, HC said that the hearing would take place on October 22, 2021.

"Let's wait for what direction the Supreme Court is providing," stated a bench of Chief Justice D N Patel and Justice Jyoti while hearing the plea presented by two individuals.

Rahul Sanwariya and Tanveer have alleged that the Delhi government's choice to force a total ban was an "overreach" as the apex court has never directed an all-out ban on the trade and usage of crackers in Delhi.

"So you are stating this (ban) amounts to contempt (of Supreme Court)? If so register a contempt", stated the Chief Justice. "I'm not tossing it that high. I'm only saying Supreme Court order doesn't allow," stated petitioners lawyer Gautam Jha.

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Lawyer Jha said that he sought a modification of the September 15 order, which forced a total ban on the storehouse, business and cracking of all sorts of firecrackers throughout the celebration of Diwali on account of pollution concerns.

Instead of imposing a complete ban, the authorities asked for the permit to sell and use green crackers or graded regulation, stated lawyer Jha. The claimants have disputed that the ban was arbitrary, illogical and unreasonable.

The action taken by the Delhi government should be no interfering than is necessary to meet an essential public purpose. Without question, Article 25 of the Indian Constitution is subjected to Article 21, and the petitioners do not oppose it. 

But, it is presented by the petitioners that the extent of the government's interference by its judgment/order is not proportionate to the ultimate purpose and goal, i.e., to control the pollution, the petition asserted.

It is claimed that pollution in Delhi was attributable to vehicles, biomass burning, trash etc. One and a half months before the Diwali festival, the total ban on firecrackers has spoiled individuals' emotions.