The Delhi High Court Thursday said it will hear in December a plea against complete ban on sale, storage and use of firecrackers in the national capital during Diwali.
A bench of Chief Justice D N Patel and Justice Jyoti Singh listed the matter for December 13 as the main counsel for the petitioner was not available today.
When the high court said a similar matter relating to ban on manufacturing and sale of firecrackers across the country to curb pollution was also pending before Supreme Court, the Delhi government’s counsel said it was listed in the apex court Thursday itself.
The high court was hearing the plea by two individuals, Rahul Sanwariya and Tanveer, who have claimed that Delhi government’s decision of imposing a complete ban was an overreach as the apex court has never ordered an absolute ban on the sale of firecrackers in the national capital.
The petitioners said they were seeking a modification of the September 15 order which imposed a complete ban on the storage, sale and bursting of all kinds of firecrackers during the festival of Diwali on account of pollution concerns.
Instead of an absolute ban, the authorities ought to opt for green crackers or a graded regulation, the counsel had earlier said. Instead of an absolute ban, the authorities ought to opt for green crackers or a graded regulation, the counsel had earlier said.
The petitioners have contended that the ban was arbitrary, unreasonable and excessive. The action of the respondent (Delhi government) must be no more intrusive than is necessary to meet an important public purpose.
No doubt Article 25 of the Indian Constitution is subject to Article 21 and it is not contested by the petitioners, however, it is submitted by the petitioners that the extent of the interference of the respondent by its decision/ order is not proportionate to the ultimate aim and objective, that is, to curb pollution in the NCT of Delhi, the petition said.
The action of the respondent (Delhi government) must be no more intrusive than is necessary to meet an important public purpose. It claimed that pollution in Delhi was attributable to vehicles, biomass burning etc and the complete ban on firecrackers, one and a half months prior to the festival of Diwali, has hurt the sentiments of millions of people.
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