Delhi HC dismisses plea challenging Delhi govt decision of banning crackers completely

New Delhi, 01 November: The Delhi High Court has dismissed a petition challenging the Delhi government’s decision to completely ban the possession, sale and use of firecrackers during Diwali.

Justice Sanjeev Sachdeva allowed the firecracker traders of Delhi to withdraw the petition.

More than fifty firecracker traders from Delhi had challenged the Delhi government’s decision to ban firecrackers.

During the hearing, the court said that the Supreme Court and NGT have given orders on this matter. You have filed the petition in the wrong place. The petition should be filed in the Supreme Court.

The court asked whether you saw yesterday’s interview of the Director of AIIMS. After that, advocate Rohini Musa, on behalf of the firecracker traders, sought permission to withdraw the petition.

During the hearing, the petitioners sought permission to sell firecrackers outside Delhi. Then advocate Kirtiman Singh, appearing for the central government, said that if such an order is given, then this order can be misused to sell firecrackers anywhere in the whole country.

Advocate Balendu Shekhar, appearing for Delhi Pollution Control Committee, said that the petitioner should tell how much firecrackers they want to sell outside Delhi. Then the Delhi government asked that in order to send out Delhi crackers, it is necessary to tell where they are going.

Then the court told the petitioners that even if a person from a clean place comes to Delhi and you sell crackers to him, there is a clear violation of the order.

On October 29, the Supreme Court, while giving an interim order on firecrackers, said that its earlier order banning firecrackers was given in view of the ill effect on the health of the people.

A bench headed by Justice MR Shah had said that it is the responsibility of the central and state agencies to ensure its implementation. Celebrations at the cost of the lives of others cannot be allowed.

The Supreme Court had said that crackers can be burst from 8 pm to 10 pm on Diwali and other festivals like Guru Parv etc. On the occasion of Christmas and New Year, crackers can be burst from 11.55 pm to 12.30 pm.

The court had said that if it comes to the production or sale of firecrackers containing prohibited materials in a particular area, then there will be personal responsibility up to the Chief Secretary, Home Secretary, Commissioner, DSP, SHO there. It will be taken seriously.

The court’s order cannot be allowed to be defied. The Supreme Court also made it clear that not all firecrackers are banned. Only those firecrackers which are injurious to the health of the people especially the elderly and children have been banned.

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