The Supreme Court on Monday demanded answers from the Delhi Government and Police Commissioner on how its ban on bursting firecrackers to curb pollution was flouted during Diwali celebrations in the National Capital. The Bench of Justices Abhay S Oka and Augustine George Masih took a serious view of newspaper reports that indicated a total non-compliance with the Government’s restrictions on bursting firecrackers. The Court said that the affidavit, which has to be filed in a week, should also detail the steps that would be taken to ensure that firecracker-related pollution does not arise again during Diwali celebrations next year.

“We want the Delhi Government to immediately respond as to why this has happened. We will simultaneously issue notice to Delhi Police Commissioner as to why there is non-compliance. We have to hear this immediately. The real problem is that this is all under the Air Prevention Act, 1981, which after amendment this year, has only penalty provisions,” the SC remarked during the hearing of a plea concerning air pollution in and around the National Capital Region.

The Bench also asked the Delhi Government to consider implementing a perpetual firecracker ban in the national capital. The Court further said that these steps should include measures to conduct a public campaign to sensitise the public against such pollution.

“The affidavit by Delhi Government and Police Commissioner to be filed in one week ... In the meanwhile, Delhi Government and other authorities must also take call on perpetual ban of these firecrackers,” the Court’s order said. The Court will consider this aspect of Diwali-related pollution again on November 14.

“There cannot be any dispute that

the ban on firecrackers was

hardly implemented. The ban on firecrackers being non-complied is very well clear from the report which amicus cited, which is that this time pollution level was at an all time high. Even a report suggested farm fire was also at a high time rise,” the Court further observed in its order. The Court also gave the States of Punjab and Haryana one week’s time to submit details of stubble burning incidents in the last ten days.

Due to deteriorating air quality in Delhi, the State government had recently banned the production, sale, and use of various types of firecrackers in the national capital till January 1, 2025. Additional Solicitor General (ASG) Archana Pathak Dave agreed that there was absolute non-compliance with these restrictions during Diwali this year. Amicus Curiae Aparajita Singh added that there is a report suggesting a huge increase in air pollution on the day of Diwali, with the pollution percentage rising from 10 per cent to 27 per cent.

The Court observed that something needs to be done to address this issue. “Something has to be done. Either the ones’ who are selling crackers despite the ban, their premises must be sealed. We will look into this. Amicus Curiae points out that a report suggested that there was a huge increase in the pollution on the day of Diwali. Pollution percentage goes from 10 percent to 27 percent... This has to be responded to immediately,” the Court said. The Judges also flagged concern over people bringing in firecrackers from other States into Delhi to defy the firecracker ban.

“People are bringing firecrackers from other States. There has to be a public campaign before Diwali, lack of public understanding,” the Bench remarked. The case before the Court also concerns pollution due to stubble burning in neighbouring States such as Punjab, which is said to be a major factor to air pollution in Delhi.

The Supreme Court had earlier pulled up the Commission for Air Quality Management (CAQM) for failing to take adequate steps to tackle such pollution. It had even summoned the Chief Secretaries of Punjab and Haryana after noting that not a single prosecution had taken place against stubble burning incidents.

In October, the Court had taken a prima facie view that the Union government was not taking any penal action to curb stubble burning. It had directed the Central Government to amend the law so as to increase the fines levied on farmers who indulge in the same.