SC Says No To The Production Or Sale of Green Firecrackers

The Supreme Court on Friday said no to the production and sale of green firecrackers “for the present”, rejecting a plea seeking the manufacture and use of firecrackers using barium. The court refused to interfere with the Delhi government’s decision to ban the use of firecrackers in the national capital ahead of the Diwali festival.

The court added that the 2018 ban shall be duly enforced by all authorities.

Last week, a bench of justices AS Bopanna and MM Sundresh reserved the order after hearing the matter at length.

Senior advocate Gopal Sankaranarayanan appearing for the petitioners on Friday urged the court to list the matter soon to which the bench replied, “We can only say happy Diwali.” The court said that the order is limited only to the application by manufacturers jointly represented under Tamil Nadu Fireworks and Amorces Manufacturers Association (TANFAMA) who agreed to abide by the green cracker formulations approved by the two expert bodies – Council of Scientific and Industrial Research (CSIR) and National Environment Engineering Research Institute (NEERI) and regulated by Petroleum and Explosives Safety Organization (PESO).

One of the pleas was filed by BJP leader Manoj Tiwari in 2022, challenging the blanket ban on firecrackers during Diwali celebrations in Delhi. During the hearing last week, the court questioned whether they could act as a superior authority over the Council of Scientific and Industrial Research (CSIR) and also remarked that one has to trust primary institutions.

Additional solicitor general Aishwarya Bhati, appearing for the government, during the hearing, had apprised the court that it was right that Barium was banned on the government proposal, but it was for the 2018 Diwali.

The court remarked that as of now everything is banned whether it is green or others in Delhi. Bhati also apprised the court that Delhi Police has not issued any permanent license on the firecrackers since 2016. She also apprised the court that all permanent firework manufacturing licenses have been revoked and police will inspect all premises of licensees.

The court remarked that only punishing the ones who fired the crackers is not enough and authorities have to go to the source of these crackers.

In 2021, the Supreme Court clarified there was no blanket ban on the use of firecrackers and only those fireworks which contain barium salts are prohibited.

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