'Test case basis': SC allows limited use of green crackers in Delhi-NCR for Diwali (Lead)

New Delhi, Oct 15 (IANS) The Supreme Court on Tuesday allowed the limited sale and use of green crackers in Delhi and the adjoining National Capital Region (NCR) during Diwali, while issuing detailed directions to tightly regulate the sale, use, and monitoring of fireworks to prevent a repeat of the pollution crises seen in the national capital in previous years.

Observing that "commercial considerations and the festive spirit should take a back seat when it concerns the environment and health", a Bench of Chief Justice of India (CJI) B.R. Gavai and Justice K. Vinod Chandran permitted the sale of NEERI-approved green crackers from October 18 to October 20.

However, the CJI Gavai-led Bench restricted bursting to 6 a.m. to 7 a.m. and 8 p.m. to 10 p.m. on the two days around Diwali.

"The district administration and the police shall ensure that use of firecrackers shall be confined between 6 a.m. to 7 a.m. and 8 p.m. to 10 p.m. on the two days, i.e., the one before and on the Diwali day," it ordered.

"The relaxation is only on a test case basis and the same shall be only for the period specified," the apex court clarified, adding that any further relaxation would depend on post-Diwali air quality data.

Laying down an elaborate enforcement mechanism, the Supreme Court ordered that only licensed traders would sell approved crackers, and all products must carry QR codes issued by the National Environmental Engineering Research Institute (NEERI).

"The police authorities, in consultation with the district administration, shall constitute patrolling teams to keep a vigil on the designated locations of sale. The patrol teams so constituted shall acquaint themselves with the green cracker products as uploaded on the website of NEERI and the registrations granted as also the QR Codes issued to individual manufacturers," the order read.

The CJI Gavai-led Bench ordered that patrol teams ensure only permitted products are sold, and that these must have the issued QR codes.

"They (patrol teams) shall also take random samples for the purpose of analysis, which shall be transmitted to PESO. On violations noticed, the responsibility shall attach to those involved in manufacturing or sale of prohibited products who shall not only be penalised but also their licence/registration from PESO or with NEERI shall stand cancelled," the order added.

It further said that crackers containing barium or manufactured outside NCR without a proper license will be confiscated immediately.

"There shall be no sale or purchase of firecrackers through e-commerce networks and any supply of such products shall be detained and the product confiscated," the top court directed.

To assess the impact of the limited relaxation, the Central Pollution Control Board (CPCB) and State Pollution Control Boards have been ordered to monitor air, water, and soil quality from October 14 to 25, and file a report before the Supreme Court.

The matter will be heard again after three weeks for further directions.

The CJI Gavai-led Bench directed the apex court registry to forward its order to the District Collectors of all NCR districts.

--IANS

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