No religion encourages activity that creates pollution: SC on firecracker ban

New Delhi: No religion encourages any activity that creates pollution, the Supreme Court on Monday remarked and directed the Delhi government to decide within a fortnight on extending the firecracker ban throughout the year.

A bench of Justices Abhay S Oka and Augustine George Masih said the right to live in a pollution-free atmosphere was a fundamental right of every citizen, protected by Article 21 of the Constitution.

"Prima facie, we are of the view that no religion encourages any activity, which creates pollution. If fire crackers are burnt in this fashion then it also affects fundamental right to health of citizens," it underlined.

Noting the submission of the counsel of the Delhi government, which he said would decide on whether to extend the ban throughout the year in consultation with all stakeholders, the top court asked it take a call by November 25.

The apex court further asked the neighbouring state governments to respond on banning manufacture, sale, storage and bursting of firecrackers in their areas.

During the hearing, the bench came down heavily on the Delhi police for failing to comprehensively implement the firecracker ban in the national capital, calling its actions a mere "eyewash".

"We find that implementation of the ban order has not been taken seriously by the Delhi police. There is nothing filed in the affidavit that order imposing ban was communicated to those who have been permitted to manufacture, store and sell fire crackers. The first thing the Delhi police ought to have done was to inform the license holders and others to forthwith stop sale of fire crackers," it noted.

The top court, therefore, ordered the Delhi police commissioner to immediately inform all the concerned about the ban and ensure stoppage of sale and delivery on online platforms.

"We direct the Delhi police commissioner to immediately set up a special cell for implementation of the ban and hold all SHOs of local police stations responsible for enforcing the ban. We wonder why the Delhi government delayed the promulgation of order till October 14. It is quite possible that users by that time must have acquired the stock of firecrackers," it noted.

Additional Solicitor General Aishwarya Bhati, appearing for the Delhi police, said the AAP government issued the order banning the use of firecrackers on October 14, just two days after Dussehra.

"Till October 14, we didn't have the mandate to regulate or control the ban order. We can enforce the ban only after it is imposed," she said.

Expressing serious concerns over the high pollution levels in Delhi during Diwali, the top court on November 4 took exception to the violation of court orders and said its directives on firecrackers ban were "hardly implemented". On October 23, the top court pulled up the Centre for making the environment protection law "toothless".

It is hearing a plea filed by M C Mehta in 1985 seeking directions to curb air pollution in the national capital and adjoining areas.