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Authored by - Shivam Pandey (Intern at Legal Soch Foundation)
Meta description - On September 13, the Supreme Court declined to intervene in the firecracker ban in Delhi, advising BJP MP Manoj Tiwari to seek alternative ways of celebration. Justice Bopanna firmly stated that local bans would be respected and encouraged Tiwari to consider celebrating in states where fireworks were permitted. The Court also emphasized the importance of promoting societal welfare.
Keywords – Supreme Court, Manoj Tiwari, Diwali, Crackers Ban
On Wednesday, September 13, the Supreme Court conveyed to BJP MP Manoj Tiwari that it would not intervene in the firecracker prohibition enforced in the National Capital. Tiwari's legal representative pointed out, "Despite this court's orders, numerous states have imposed an absolute ban."
Justice Bopanna, in response, verbally stated, "If there's a local ban, it stands. We won't interfere." He added, "You can explore alternative ways to celebrate," and in a lighter tone, he suggested, "If you wish to set off fireworks, you can visit a state where it's permitted." He also remarked, "Contribute to the betterment of society. You should advise your supporters against it."
Last year, Tiwari had submitted a writ petition challenging the firecracker ban introduced in Delhi before Diwali in October 2022. In previous hearings, a bench consisting of Justices MR Shah and MM Sundresh had remarked, "Use your money for sweets... Let people breathe clean air." On a previous occasion, the Supreme Court had cited the high levels of air pollution in Delhi while rejecting the plea to lift the firecracker ban in the national capital.
This year, the Delhi Government has also declared its decision to ban the production, sale, storage, and use of firecrackers as part of its plan to combat winter pollution.
In 2021, the Supreme Court had issued several directives to ensure that prohibited chemicals were not used in fireworks leading up to Diwali 2021. The bench clarified that there was no complete ban on firecrackers and that only those containing barium salts were prohibited. Green crackers were permitted in accordance with the Supreme Court's 2018 directives.
Tiwari's writ petition was combined with the case of Arjun Gopal and others v. Union of India (WP(c) 728/205), a writ petition filed in 2015 by a group of minors seeking the regulation of firecrackers in Delhi. The main case is currently in progress."
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