A petition was filed in Delhi High Court seeking permission to sell green firecrackers on the occasion of Diwali in the national capital by 50 licensed traders. They mentioned that in the Supreme Court’s order there was no total ban on the use of firecrackers. In the Apex court’s decision, it was clarified that the ban was only on crackers made of barium salts.
Justice Sanjeev Sachdeva, before whom the petition was listed on Saturday, posted the matter for hearing on Monday after granting time to the parties for seeking instructions in the matter. The Advocates for the defendants argued that considering the National green tribunal’s ban use of green firecrackers should also be prohibited thereby stating that such crackers could neither be sold nor transported out of the city. The Advocate for the petitioners, Advocate Mohini Musa, however argued that considering the Supreme Court’s judgement the traders must be permitted to sell green firecrackers.
A series of instructions were issued on Friday to ensure strict implementation of its order banning the use of barium-based chemicals in fire crackers and permitting only the use of ‘green crackers’. The bench consisted of Justices MR Shah and AS Bopanna.
The petition stated that the decision of Delhi Government imposing absolute ban on firecrackers is in violation of their fundamental rights to profess and continue their trade in environmentally friendly green crackers. They also mentioned that the decision was also in violation of the Apex court’s order which clarified that there was no ban on storage or use or sale of green firecrackers. The plea also read that the petitioners were holders of permanent licences for more than two decades and therefore, are responsible businessmen and undertake to conduct their business in strict accordance and compliance of the orders of the Supreme Court and the NGT.
The matter will further be heard on 1st November 2021.
Jurisdictio Omnis 