The Supreme Court on Friday allowed manufacture of green firecrackers in Delhi ahead of the upcoming Diwali festivities..Green crackers are deemed to be less polluting and more environment friendly.However, Court made it clear that such crackers cannot be sold in Delhi and adjoining prohibited areas of the National Capital Region (NCR) which are going through an air pollution crisis.The Bench Chief Justice of India (CJI) BR Gavai and Justices Vinod Chandran and NV Anjaria passed the order after noting that a balance has to be struck in such matters. "What is the problem in allowing them (firecracker manufacturers) to manufacture if they follow norms? Extreme orders will create problems. Let them manufacture and let there be no sale in NCR till further orders," the CJI said. The Court proceeded to request the Central government to come up with a balanced solution in such matters after consulting all stakeholders. "It is appropriate if the Union comes up with a solution after consulting all stakeholders. It has been explained that even though a complete ban was ordered ... the ban could not be implemented. Like in the State of Bihar, though there was a ban on mining...it led to illegal mining mafias. Thus a balanced approach is needed ... ASG to communicate to MoEFF that all stakeholders be taken on board," it ordered. In the meanwhile, the Court allowed the manufacture of green crackers (that is, less polluting firecrackers) to continue, provided that they are not sold in Delhi and NCR. "In the meantime, we permit the manufacturers who are having certification of green crackers as certified by PESO and NEERI. However this shall be subject to undertaking by manufacturer to this Court that no sale shall be done in the prohibited areas," the Court ordered. .The Court also took note of a submission that the Court's recent directive reinforcing a firecracker ban appeared to be in conflict with a 2018 ruling that earlier contained detailed directions on this issue.Notably, in 2018, a Division Bench of the Court had also clarified that it is not imposing a blanket ban on firecrackers and that the use of green firecrackers can continue, subject to certain conditions.The Court, however, did not delve deep into this aspect today..The counsel who appeared in today's hearing included Senior Advocates Balbir Singh and K Parameshwar, Amicus Curiae Aparajita Singh and Additional Solicitor General of India (ASG) Aishwarya Bhati.Parameshwar urged the Court to allow firecracker manufacture to resume."We can adhere to the norms. There were extensive directions in Arjun Gopal case," he argued. ASG Bhati, representing the Central government, added, "Union has also not suggested a nation wide ban. MoEF in an affidavit also says it's not a complete ban."Amicus Aparajita Singh, however, urged the Court not to relax the firecracker ban. "When there is a ban (also) it's like (there is) no ban.. Imagine what if there is a carte blanche now," she said. "What we are seeking is lift ban on manufacturing with strict compliance with PESO and NEERI," Parameshwar said in turn. "I am all for right for livelihood.. but the elderly, infirm, etc. they suffer (when firecrackers are used in the vicinity). Even one hour of that exposure sends them to hospital," Amicus Singh maintained. "Licenses of such people (who sell firecrackers in violation of its ban in prohibited areas) should be cancelled forthwith. We have requested ASG to take stakeholders on board and come with workable solution which shall be accepted by all," the CJI replied. "Please give us 10 days," the ASG added, referring to the Court's directive for the Central government to come out with a solution. The Court agreed to the request, adding, "In the meanwhile let manufacturing go on. The manufacturers can be permitted to manufacture and not sell in NCR." .The matter will be heard next on October 8. .[Live Coverage]
