India News | Traders Move Delhi HC for Permission to Sell Green Crackers Ahead of Diwali
Get latest articles and stories on India at LatestLY. Over 50 licensed traders approached the Delhi High Court on Saturday seeking leave to sell green firecrackers ahead of Diwali after the Supreme Court said it has not imposed a blanket ban on the sale of fireworks.
New Delhi, Oct 30 (PTI) Over 50 licensed traders approached the Delhi High Court on Saturday seeking leave to sell green firecrackers ahead of Diwali after the Supreme Court said it has not imposed a blanket ban on the sale of fireworks.
Opposing the petition that challenges the complete ban on the storage and sale of all kinds of firecrackers, the Delhi government argued that firecrackers cannot be sold and even the stocks cannot be moved out of the city in view of the National Green Tribunal's (NGT) decision, which has prohibited the use of even green crackers.
Justice Sanjeev Sachdeva granted time to the parties to seek further instructions and listed the case for the next hearing on November 1.
"After some arguments, learned counsels for the parties pray for some time to take instructions. At request, renotify on 01.11.2021," the judge said.
The Delhi government's additional standing counsel Naushad Ahmed Khan asserted that the restrictions to combat COVID-19 have not been lifted yet and considering that the complete ban on firecrackers was imposed by the state authorities on September 28, the petitioners ought to have taken steps earlier.
The petitioners, represented by advocate Rohini Musa, submitted before the court that in view of the Supreme Court's clarification, they must be allowed to sell green crackers.
On October 29, the apex court said there is no absolute ban on the use of firecrackers and only those fireworks that contain Barium salts are prohibited.
A bench of justices M R Shah and A S Bopanna observed that banned firecrackers cannot be allowed to be sold under the guise of celebration at the cost of others' health.
"The Hon'ble Supreme Court has now, by its order dated 29.10.2021 in Writ Petition No. 728 of 2015, reiterated that there was no ban on the sale of firecrackers insofar as the said firecracker complied with the above mentioned earlier judgments of the court, viz., green crackers.
"(Delhi government decision) has resulted in a violation of the order of the Hon'ble Supreme Court that has expressly clarified that there is no ban on the storage, sale and use of green crackers," the petition states.
The petitioners have contended that the government's decision to impose an absolute ban on firecrackers violates their fundamental right to profess and continue their trade in "environmentally friendly green crackers".
It is alleged that there is a "complete non-application of mind" and in the absence of any study to indicate that the bursting of firecrackers is a "major contributor to the pollution levels, the prohibition is arbitrary, unreasonable and ought to be set aside".
It is highlighted that while similarly situated dealers in other states are free to undertake the sale of fireworks, the petitioners, who are already suffering due to the pandemic, remain banned.
"(The petitioners) have been 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 petition reads.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)