Supreme Court Raps Delhi Police And AAP Government Over Firecracker Ban Enforcement As Air Quality Remains 'Very Poor'

The Supreme Court on Monday (11 November) issued stern remarks to the Delhi Police, demanding "immediate action" to halt the sale and bursting of firecrackers in the city, an annual violation of the existing ban, which continues even days after Diwali.

The court said that "no religion encourages pollution" and stressed that the use of firecrackers in such a manner infringes on citizens' fundamental right to health.

A bench comprising Justice Abhay S Oka and Justice Augustine George Masih, addressing Delhi’s ongoing air quality crisis, stated, "If firecrackers are burst like this... it also affects the fundamental right to health of the citizens."

The court also directed the Delhi government to make a decision on implementing a permanent firecracker ban in the city by 25 November, citing the toxic smog produced by the chemical residue of firecrackers, which severely harms public health.

This hearing follows last week's scolding of both the Delhi government and the police, each of which was issued a notice to explain why they had failed to enforce the firecracker ban, which is announced every year before Diwali but has little impact.

In response, the Delhi Police chief submitted an affidavit outlining the steps taken. However, the court, which had previously pointed out that the ban appeared to be ineffective, expressed dissatisfaction.

"There are widespread news reports that the ban on firecrackers (in Delhi NCR) was not implemented at all..." the court remarked. The bench questioned, "After 14 October, did the police stop the sale of firecrackers?" The police responded affirmatively, but the court dismissed their claim as "eyewash."

The police also complained that the late notification of the ban hindered enforcement, but the court was unsympathetic, pointing out that "the implementation of the order was not taken seriously" and that the affidavit did not show any effort to inform manufacturers or stores selling firecrackers in Delhi about the ban.

The court directed the Delhi Police Commissioner to take immediate action to ensure the ban is communicated to all concerned parties and that no firecrackers are sold during the restricted period.

The Delhi government was also criticised for its delayed announcement of the ban. The court noted, "It is quite possible that by the time the ban was announced, people who intended to burst firecrackers had already stockpiled them."

The court instructed the Delhi Police to establish a special cell dedicated to enforcing the firecracker ban and to hold Station House Officers (SHOs) accountable for ensuring the implementation of the order issued by the Delhi government on 14 October.

Additionally, the court directed the Delhi Police Commissioner to submit an affidavit by 25 November, detailing whether notices had been sent to all firecracker manufacturers regarding the ban. The court also requested the police to provide information on the measures taken to curb the online sale of firecrackers.