The Supreme Court on Monday came down heavily on the Delhi police for poor implementation of the firecracker ban in the national capital. The Court directed the police to form a special cell for the effective implementation of the ban.
Hearing a bunch of pleas, a bench comprising of Justices Abhay Oka and Justice A.G. Masih observed though the Delhi government imposed a ban on bursting firecrackers on October 14, the police action was “mere eyewash”. The bench criticised police for just seizing raw materials while not taking measures to stop the sale of firecrackers in the national capital region.
“We find that implementation of the order (Delhi government ban) has not been taken seriously by the Delhi police. There is nothing mentioned in the police’s affidavit to show that the order imposing the ban was communicated to those who have been permitted within the limits of the Territory of Delhi to manufacture, store and sell firecrackers including those who deliver firecrackers through online marketing platforms,” Live Law reported quoting the order.
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The bench criticised the police for not informing all licence holders regarding the sale ban. “Delhi Police must immediately inform those entities that sell firecrackers online on marketing platforms to stop the sale and delivery of firecrackers within the limits of the National Capital Territory of Delhi. We direct the Commissioner of Police to set up a special cell for implementation of the order of ban and hold SHOs of all local police stations responsible for enforcing the ban through the year,” the bench ordered.
The bench also questioned the Delhi government for imposing the ban as late as October 14. The apex court directed the Delhi government to decide on the matter of issuing a perpetual ban on firecrackers in the national capital by November 25.
The bench noted, "The right to live in a pollution-free atmosphere is a fundamental right under Article 21 of the Constitution. Prima facie, we are of the view that no religion promotes any activity that promotes pollution or compromises with the health of the people."
On the issue of solid waste management in Delhi, the apex court directed the chief secretary of the Delhi government to conduct a meeting of all stakeholders, including officials from the Centre and Delhi Corporation, and ensure proper implementation of the 2016 solid waste management rules.
