‘Let people breathe clean air’: SC on BJP MP’s plea against Delhi's firecracker ban

According to the plea, this harassment will not only violate people's freedom of expression and employment, as well as their right to life in general, but will also violate people's freedom of conscience and free profession, practice, and propagation of religion.

Image Credit: ANI

New Delhi: Supreme Court denied a request by BJP leader Manoj Tiwari for an urgent hearing on a petition challenging Delhi's blanket ban on firecrackers on Thursday. "Let people breathe clean air," said a bench led by Justice M.R. Shah, adding that there were other ways to celebrate. "Spend your money on sweets," the bench advised. Tiwari's lawyer, Shashank Shekhar Jha, claimed that pollution is also increasing as a result of stubble burning. However, the bench stated that the case will be heard later. Tiwari stated that the petition was filed to protect the interests of the general public who are being harassed for celebrating Diwali, which is considered to be one of the most important Hindu festivals.

"That despite the clear order of this court refusing to put a blanket ban on the firecrackers, various respondents have put a blanket ban on the storage, sale and use of all types of firecrackers in the year 2021 and subsequently taken a coercive step against the buyer, purchaser and users of the same", said the plea, which included all state governments and union territories as respondents. It contended that this year, the Delhi government has put a blanket ban on the storage, sale and use of all types of firecrackers with immediate effect in the capital till January 1, 2023.

"In order to implement the blanket ban, Respondent No. 2 (Delhi government) has also announced plans with Delhi Police, DPCC and Revenue Department. This may include FIR against common people for selling and/or using fire-crackers during festive seasons like Diwali, Chhath, Durga Puja, etc just like last year." The plea submitted that this harassment will not only violate freedom of expression and employment (Article 19), and the Right to life (Article 21) of people at large but will also infringe on freedom of conscience and free profession, practice and propagation of religion of people at large (Article 25). The plea sought a direction to all respondents to issue fresh guidelines concerning selling, purchasing or bursting permissible fire-crackers.

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

(With agencies' inputs)