In a bid to combat the escalating air pollution in Delhi, the Delhi government has once again implemented the Stage 4 of the Graded Response Action Plan (GRAP) and imposed a complete ban on the manufacture, storage, sale, and bursting of all types of firecrackers in the National Capital Territory (NCT) throughout the year. This order, which came into effect immediately, was passed on December 19, 2024 by the Delhi Principal Secretary of Environment under the Environment Protection Act. Senior Advocate Shadaan Farasat, representing the Delhi government, informed a bench of Justices A.S. Oka and A.G. Masih that this measure was in response to the issue of air pollution in the capital.
The bench was also informed that Rajasthan has imposed a similar firecracker ban in the part of the state that falls under the National Capital Region (NCR). In response, the Supreme Court directed Uttar Pradesh and Haryana to implement similar measures.
Earlier, on November 11, 2024, the Supreme Court had asked the Delhi government to consider extending the firecracker ban throughout the year, emphasizing that the right to live in a pollution-free environment is a fundamental right protected under Article 21 of the Constitution of India.
During the hearing, a counsel representing more than 150 cracker dealers in the NCR objected to the ban, claiming that there had been no consultation by the Delhi government, in contradiction to a previous directive from the Supreme Court. However, the court refused to entertain this objection. The counsel also raised concerns over the previous order that allowed the sale and use of "green crackers." Justice Oka remarked that the court would examine the effects of green crackers, with Farasat responding that green crackers are essentially the same as regular crackers.
Meanwhile, Additional Solicitor General Aishwarya Bhati, appearing for the Commission for Air Quality Management (CAQM), informed the court that the Stage 4 GRAP restrictions had been reimposed due to high pollution levels in Delhi. The bench pointed out that it had previously directed all NCR states to provide subsistence allowances to workers affected by GRAP 4 measures, urging the states to ensure the implementation of this directive. The court warned that failure to comply with these orders could lead to contempt actions under the Contempt of Courts Act, 1971. The states were asked to file a response by January 3, 2025.
Additionally, the Supreme Court instructed NCR states to form multiple teams, including police and revenue officials, to monitor compliance with GRAP 4 measures at the entry points to Delhi. These teams, which will work as officers of the court, will be tasked with reporting any violations and ensuring that all measures are enforced properly. The bench emphasized that these teams would act as officers of the court, not of any government, and they would submit regular reports regarding compliance and breaches to the concerned authorities and the commission, allowing for immediate action.