Calling it a mere “eyewash”, the Supreme Court came down heavily on the Delhi Police for failing to comprehensively implement the firecracker ban in the National Capital and only seizing raw materials. A bench of Justices Abhay S Oka and Augustine George Masih therefore directed the Delhi Police Commissioner to immediately inform all the stakeholders concerned about the ban order and ensure no sale and manufacture of crackers.

The Bench observed that Punjab and Haryana Governments remained reluctant to act against farmers who resort to stubble burning in the fields, leading to a rise in air pollution.  “We direct Delhi police commissioner to form a special cell to ensure effective implementation of the ban on fire crackers. We direct Delhi police commissioner to file a personal affidavit putting on record the steps taken by them to enforce ban,” it said. The SC wondered why the Delhi Government delayed imposition of the ban on firecrackers till October 14, when the order of ban was issued.

“The right to live in a pollution-free atmosphere is a fundamental right under Article 21 of the Constitution. Prima facie, we are of the view that no religion promotes any activity that promotes pollution or compromises with health of the people,” observed the bench. The SC further asked the Delhi Government to decide before November 25 on a “perpetual” firecracker ban after consulting stakeholders.

Observing the reluctance of Punjab and Haryana Governments on taking action, the Bench also asked how the stubble burning incidents had seen a rise on the day of Diwali recently. “How can this happen? How come this increased in Diwali? Why are you sparing your officers? They are sparing the farmers. Farmers are filing IA [Intervention Application] before us because they are fearing things. And now you all are sparing your officers,” the Court asked.

In the order, the SC said the states must explain the non-prosecution of farmers accused of stubble burning. “Even today we find reluctance on the part of governments in taking action under the Section 14 of CAQM Act, 2021. We have observed in earlier orders that instead of direct prosecution, States are still busy in Just issuing show cause notices despite flagrant breaches. States owes explanation to us on non prosecution,” it said, directing strict compliance of the rules in this regard. The Bench was hearing the case concerning pollution in Delhi. It is specifically examining the action taken by authorities across Punjab, Haryana and Uttar Pradesh to curb stubble burning incidents.