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Delhi air pollution: 'Non-implementation of firecracker ban during Diwali apparent', says SC; directs AAP govt, police to file response

The bench asked Delhi govt to consider perpetual ban on firecrackers in the national capital

A man walks on the banks of the Yamuna river on a smoggy morning in New Delhi | Reuters

The Supreme Court on Monday came down heavily on the Delhi government and the police for poor implementation of the firecracker ban in the national capital during Diwali and sought their responses. The apex court also directed the Haryana and Punjab governments to file responses on stubble burning during the last 10 days of October.

Hearing pleas on Delhi’s air pollution, Justices Abhay S. Oka and Augustine George Masih said the non-implementation of the firecracker ban in the national capital was apparent and the pollution levels in Delhi this year were higher than in 2022 and 2023. Citing a report submitted by the Centre for Science and Environment, the bench observed firecracker ban was hardly implemented.

“Counsel for Delhi government states that there was a ban on the use of firecrackers in Delhi. There cannot be a dispute that the ban was hardly implemented. Moreover, the effect of non-implementation of the ban is very apparent from the report which shows that the pollution level in Delhi was at an all-time high. It was much higher than that of 2022 and 2023,” Live Law reported quoting the bench.

The apex court noted that instances of instances of stubble burning were also high during Diwali in Punjab and Haryana. “Report indicates that even farm fires were on the rise during Diwali,” it said. “Haryana and Punjab to file affidavits indicating the details about number of instances of stubble burning during the last 10 days of October,” it added. 

The bench directed the Aam Aadmi Party government in Delhi and the Delhi police commissioner to file affidavits responses regarding all steps taken regarding banning the sale, manufacture and bursting of firecrackers in Delhi. The Court also sought details of action taken by police against violators.

The Court asked the Delhi government and police to file an affidavit on steps it plans to take next year for effective implementation of the firecracker ban. The bench also asked the Delhi government to consider imposing a perpetual ban on firecrackers in Delhi instead of just during Diwali.