SC warns of contempt action if NCR fails to implement complete ban on crackers

The Supreme Court on Tuesday directed the governments of Uttar Pradesh, Rajasthan and Haryana to ensure a "scrupulous" in areas falling under the NCR (National Capital Region) and warned that any failure would be viewed as contempt of court.

A bench of Justices Abhay S. Oka and Ujjal Bhuyan asked the governments to issue a direction under the Environment Protection Act (EPA) imposing a complete ban on the manufacture, sale and storage, including online delivery, on all types of firecrackers in the areas which fall under the NCR.

Not only the orders of this Court but directions issued under Section 5 of the EPA must be strictly implemented through all the law enforcement machinery of the states, it added.

Section 5 of the Act states the Central government may, in exercise of its powers, issue directions to any officer or authority to regulate environmental pollution. The Court said the state governments should ensure "scrupulous implementation" of the ban on firecrackers and create a machinery for effectively implementing the prohibition.

"We also make it clear that in case of any failure on the part of the officials of these governments and other entities to implement the directions issued by the court, action under Contempt of Courts Act, 1971 may be taken. All states forming part of NCR to file comprehensive compliance affidavit. We also direct the state governments to give wide publicity to the ban and the penalty imposed under Section 5 of the Environment Protection Act," it said.

The Supreme Court on 3 April the ban imposed on the manufacture, storage and sale of firecrackers in Delhi-NCR, noting that air pollution levels had for a considerable time.

A large section of the population worked on the streets and was the worst affected by pollution, it said, and not everybody can afford an air purifier in their home or place of work to fight pollution.

Unless the court was satisfied that the pollution due to the "so-called" green crackers was bare minimum, there was no question of reconsidering the previous orders, it added.

The bench further said restricting the ban on firecrackers in the Delhi-NCR region just around Diwali would be meaningless, as it could be purchased and stored in advance.

The Court in December 2024, directed the Uttar Pradesh and Haryana governments to impose a complete ban on firecrackers until further orders.

The Court then noted that the Delhi government enforced a complete ban on the manufacture, storage and sale, including delivery of firecrackers through online marketing round the year with immediate effect.

The bench underlined the efficacy of the ban only "when other states forming part of the NCR region" imposed such measures. "Even the state of Rajasthan has imposed a similar ban in that part of State of Rajasthan which falls in NCR regions. For the time being we direct the states of Uttar Pradesh and Haryana to impose a similar ban which is imposed by the state of Delhi," it said.

The concern over high pollution levels in Delhi during Diwali prompted the Court to make observations against the violation of its orders, pointing out that they were "hardly implemented".

The Court was hearing a plea filed by public interest attorney M.C. Mehta in 1985 seeking directions to curb air pollution in the national capital and adjoining areas.