The Supreme Court on Tuesday said that the directions issued earlier against the use of barium and banned chemicals in firecrackers were applicable across the country, binding all states and not just the Delhi-National Capital Region.
The Bench of Justice A.S. Bopanna and Justice M.M. Sundresh gave the clarification while hearing an application seeking directions to the State of Rajasthan to comply with the Apex Court orders regarding ban on barium crackers and minimising air & noise pollution during the festive season.
The Apex Court, while stating that no fresh directions were needed, directed the state of Rajasthan to take specific note of the previous orders and reiterated that its orders were binding on all states in the country.
The top court of the country has in the past issued several orders detailing steps to minimise and avoid air as well as noise pollution, it observed.
The bench directed the state of Rajasthan to take note of its earlier verdicts and take all steps to minimise air and noise pollution, not only during the festival season, but even thereafter.
The Apex Court had passed a slew of directions in 2021 to ensure that banned chemicals were not used in crackers ahead of Diwali. It further clarified that there was no total ban on firecrackers and that only those firecrackers were banned that contained barium salts.
Green crackers were permissible following the directions issued by the Supreme Court in 2018, it said.
The Bench of Justice M.R. Shah and Justice A.S. Bopanna had ruled in 2021 that if it was found that any banned firecracker was manufactured, sold and used in any particular area, the Chief Secretary of the concerned State(s), the Secretary (Homes) of the concerned State(s) and the Commissioner of Police of the concerned area, District Superintendent of Police of the concerned area and the SHO/Police Officer in-charge of the concerned police station would be held personally liable.
All the States and Union Territories across the country were directed to ensure that its directions were strictly complied with in its true spirit and in toto.
Any lapse on part of State Governments/State Agencies and Union Territories shall be viewed seriously, it had warned.