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New Delhi:
The Supreme Court on Monday had sharp words for Delhi Police and demanded “immediate action” to stop the sale and bursting of firecrackers in the city – an annual activity that defies an existing ban – even days after Diwali, observing sharply that “no religion encourages pollution”.
“No religion encourages any activity which creates pollution. If firecrackers are burst in this fashion… it also affects fundamental right to health of the citizens,” a bench of Justice Abhay S Oka and Justice Agustine George Masih, hearing a case on Delhi’s yearly air quality crisis, said.
“The right to live in a pollution-free atmosphere is the fundamental right of every citizen… and this right is protected by Article 21 of the Constitution,” the court said.
The court also demanded the Delhi government take a decision on a permanent ban on firecrackers – the chemical residue of which blankets the city in cloud of toxic smog that smothers residents and severely endangers their health – in the city by November 25.
Today’s hearing follows last week’s reprimand for the Delhi government and police, each of which was issued a notice to explain to the court why they had failed to implement and enforce the ban on firecrackers, which is announced before Diwali every year and has little or no effect.
In response, today the Delhi Police chief filed an affidavit explaining steps taken but the court – which earlier pointed out it appears quite obvious the ban had, so far, failed to work – was unimpressed. “After October 14 did the police go and stop sale of firecrackers?” the court asked, to which the police said “yes” but was shot down. “This is all eyewash…” the court said.
The police also complained the late notification of the ban had not helped but, again, the court was disinclined to offer sympathy, noting, “… we find that implementation of the order was not taken seriously by the police and there is nothing in the affidavit to show ban order was communicated to manufacturers and stores making and selling firecrackers (in Delhi).”
“We direct the Commissioner of Police to immediately take action and inform all concerned about the ban… to ensure, during the ban, no manufacturers stores or sells firecrackers.”
The Delhi government did not escape the court’s attention, as it was asked why it had delayed announcing the ban on firecrackers. “It is quite possible that by that time (the ban was promulgated) people who burst firecrackers during ban acquired a stock of firecrackers.
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