The Supreme Court directed the Delhi government and the Police Commissioner of Delhi to file affidavits stating steps taken to enforce ban on firecrackers in the national capital as well as proposed steps to ensure compliance with ban next year.
The court observed that there cannot be any dispute that the ban was hardly implemented. It added that the effect of non-implementation of the ban is very apparent from the report of CSE, which states that the pollution level in Delhi this Diwali was at an all time high, and much higher than Diwali 2022, 2023. It also noted that farm fires were on rise during Diwali days.
A bench comprising Justice Abhay Oka and Justice Augustine George Masih was hearing the MC Mehta case concerning air pollution in the Delhi NCR region from sources like firecrackers, stubble burning, waste burning, vehicular emissions, industrial pollution etc.
Subsequently, the court directed the Delhi government to file a detailed affidavit placing on record the orders banning the use of firecrackers and the steps taken by the Delhi government to implement the same. The court issued notice of the Commissioner of Police calling upon him to file an affidavit mentioning the steps taken by the police to enforce the complete ban on the use of firecrackers in the national capital.
The top court further stated that while filing affidavits, Delhi Government and police must also state what effective steps they propose to take next year to ascertain that the ban on the use of firecrackers is fully implemented. It also asked the authorities to take a call on a perpetual ban on firecrackers in Delhi.
During the hearing, Justice Oka said that the court will propose to extend the ban beyond Diwali to other festive occasions as well, but first would like to see the nature of the present ban order. Justice Oka also highlighted that news reports indicated a lack of enforcement of the firecracker ban, which is intended to mitigate pollution levels, particularly during Diwali. He further questioned under which provision the ban was imposed and directed the Delhi government to place the ban order on record.
He said that the court wants the authorities to create a mechanism, at least by next. He continued that in view of the amendment, the penal provision under the Air Pollution Act has been taken away by the government of India, adding that there is only penalty. He further said that they will find out in what manner it can be implemented. There has to be public awareness on Diwali, Justice Oka said.
Furthermore, the Court ordered the Delhi government and the Police Commissioner to submit an affidavit within a week detailing the measures taken to enforce the firecracker ban and steps planned for better implementation next year. Additionally, the Delhi government also has to state whether there were instances of fires in farms within the limits of Delhi.
The top court also directed the governments of Haryana and Punjab to submit affidavits reporting the number of stubble burning incidents during the last 10 days of October. The Court scheduled November 14 for further consideration of compliance actions taken by Delhi and the NCR states.
It also directed the Centre to take a decision regarding Punjab’s proposal for funds to assist small farmers, including providing tractors with drivers, extending the time for a decision by one additional week, with compliance to be reported by November 14.