Apex court allows green crackers in Delhi-NCR during Diwali with riders

Adding to the festive spirit, the Supreme Court on Wednesday relaxed the absolute ban on firecrackers in Delhi-NCR and permitted the sale and use of green firecrackers from October 18 to October 20 during Diwali with certain conditions.

“The sale of green crackers as uploaded on the website of NEERI shall be permitted from October 18 to 20. The sale of these products shall be permitted only from designated locations in the entire National Capital Region which shall be identified by the District Collectors/Commissioners in consultation with the Superintendent of Police and given wide publicity,” said a Bench led by CJI BR Gavai while allowing it as a temporary measure.

“The district administration and the police shall ensure that the use of firecrackers shall be confined between 6 am and 7 am and 8 pm and 10 pm on the two days — the one before and on the Diwali day,” it said.

“The sale of green crackers shall be only through licensed traders. These should be manufactured by those who are registered with NEERI and have obtained a licence from PESO. Any firecrackers, which are not manufactured by the registered/licensed manufacturers, shall be immediately confiscated,” it ordered.

“No firecrackers shall be allowed into the NCR region from outside the said region. The use of firecrackers with barium and those not approved by NEERI as green crackers shall not be permitted and if found for sale or in the possession of individuals/traders, the same shall be confiscated immediately,” the top court ordered.

“There shall be no manufacture or sale of firecrackers joined in series (laris),” said the Bench, which also included Justice K Vinod Chandran.

“There shall be no sale or purchase of firecrackers through e-commerce networks and any supply of such products shall be detained and the product confiscated. The licences of traders, expired or cancelled after the ban was introduced, shall be renewed for the period stipulated by the statutory authorities,” it said.

It asked the Central Pollution Control Board, in consultation with the state pollution control boards and their respective regional offices within the districts coming under the NCR, to monitor the air quality index in their respective jurisdictions till October 25 and file a report specifying the air quality of each day.

“Along with such monitoring, the regional offices of the state pollution control boards shall also take samples of sand and water from sites having more density of use for analysis,” it said, clarifying that the relaxation was only on a test case basis and only for the period specified.

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 the manufacture, storage, sale and bursting of firecrackers in Delhi-NCR 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 firecracker 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 UP, Haryana and Rajasthan fall under the NCR.