‘Let people breathe & Spend money on sweets’ ; Supreme Court rejects Delhi firecracker ban appeal

Supreme Court denied a request by BJP leader Manoj Tiwari for an urgent hearing on a petition challenging Delhi’s ban on firecrackers. Petition was filed to protect the interests of the general public who are being harassed for celebrating Diwali. ‘Let people breathe clean air,’ said a bench led by Justice M.R. Shah, adding that there were other ways to celebrate.

All state governments and union territories were named as respondents in the complaint, which claimed that ‘that despite the clear order of this court refusing to put a blanket ban on the use of firecrackers, various respondents have put a blanket ban on the storage, sale, and use of all types of firecrackers in the year 2021 and have subsequently taken a coercive step against the buyer, purchaser, and users of the same’. It claimed that, as of right now and through January 1, 2023, the Delhi government has enforced a complete ban on the usage, storage, and sale of all firecrackers.

Supreme Court declines urgent hearing of a plea filed by BJP MP Manoj Tiwari challenging Delhi govt's decision to ban sale & purchase & usage of firecrackers during festive seasons in Delhi

Refusing the request for an urgent hearing, SC says to let people breathe clean air. pic.twitter.com/wzjasPc3TI

— ANI (@ANI) October 20, 2022

‘Respondent No. 2 (the Delhi government) has also made arrangements with the Revenue Department, DPCC, and Delhi Police to impose the broad prohibition. This might involve filing a police report (FIR) against commoners for selling and/or using fireworks during holiday celebrations like Diwali, Chhath, Durga Puja, etc., exactly as last year’. The argument made was that this harassment will infringe on people’s right to life (Article 21), freedom of expression, and employment rights, as well as their right to their free profession, practise, and promotion of religion (Article 19) and conscience (Article 25). The petition asked for a directive to all responders to adopt new rules regarding buying, selling, and setting off legal firecrackers.