Supreme Court allows green crackers in Delhi-NCR during Diwali

Relaxing the absolute ban on fire crackers in Delhi-NCR, the Supreme Court on Wednesday permitted sale and use of green fire crackers from October 18 to October 21 during Diwali with certain conditions.

"Sale of green crackers will be permitted from October 18 to October 20. Police authorities shall constitute patrolling teams to keep an eye (to ensure) that only permitted products with QR codes are sold,” said a Bench led by CJI BR Gavai while allowing it as a temporary measure.

“Use of firecrackers shall be confined to 6 am to 7 am and 8 pm to 10 pm on the day before Diwali and on the Diwali day…Violation notice to be attached for persons who violate the rules,” it said.

“There shall be no supply of firecrackers from e-commerce websites,” said the Bench, which also included Justice K Vinod Chandran.

“When the ban was imposed there was not much difference in air quality, except during the Covid period…We have to take a balanced approach. Out of 22 districts in Haryana 14 fall in NCR,” the CJI said, pronouncing the order.

The Bench clarified that sale and bursting of only those green crackers shall be allowed which were approved by the National Environmental Engineering Research Institute.

“The sale of products can be permitted only from the designated locations, which shall be identified in the entire NCR by the District Collectors/Commissioners in consultation with police and given wide publicity,” it ordered.

The top court directed the police authorities to constitute patrolling teams to ensure that only permitted products with QR codes were sold. Other firecrackers shall be confiscated, it said.

The Bench followed the Supreme Court’s October 2018 verdict in Arjun Gopal’s case in which it had ruled against a complete ban on firecrackers and allowed less polluting green fire crackers sold only through licensed traders. It had banned online sale of fire crackers and had also fixed the duration for bursting of crackers during Diwali.

While reserving its order on allowing the use of green crackers, the top court had on October 10 hinted at relaxing the absolute ban on manufacture, storage, sale and bursting of firecrackers in the Delhi-National Capital Region during the festive season. "For the time being, we will permit lifting the ban during Diwali,” it had said.

On September 26, the Bench had said a complete ban was hardly implemented and that an absolute ban was not “practical or ideal”.

The Centre, Delhi Government and other stakeholders, including fire cracker manufacturers, had sought recall/modification of the April 3 order imposing a year-long blanket ban on firecrackers, including green crackers, in Delhi-NCR during Diwali.

Apart from Delhi, several districts from Uttar Pradesh, Haryana and Rajasthan fall under the NCR.

On April 3, a Bench headed by Justice AS Oka (since retired) had refused to relax the ban on manufacture, storage and sale of firecrackers in Delhi-NCR on the grounds that air pollution levels remained alarming for a considerable time.