Ban on crackers in Delhi: BJP MP Manoj Tiwari moves SC, cites 'freedom of religion'

BJP MP Manoj Tiwari has moved the Supreme Court against the Delhi government's ban on production, storage, sale and use of all types of firecrackers in order to check the rising pollution levels in the city.

Contending that freedom of religion cannot be taken away under the pretext of right to life, Tiwari has sought directions to the city government to issue fresh guidelines with regard to sale, purchase and bursting of permissible firecrackers.

The BJP MP, in a plea filed through advocate Ashwani Kumar Dubey, has also sought directions to all states not to take any coercive action like lodging FIR against common people found selling or using permissible firecrackers during the upcoming festival season.

The top court had last year clarified there is no blanket ban on use of firecrackers and only those fireworks which contain barium salts are prohibited.

Warning that top officials at various levels "shall be held personally liable" for any lapses, the apex court had said it is unfortunate that despite its directions blatant violations were taking place.

Tiwari submitted that several state governments and high courts had in 2021 passed orders contrary to the stand taken by the top court and imposed a blanket ban on firecrackers.

“With so many different orders, directions and views, it was confusing for the people at large to understand whether the firecrackers were allowed or not despite of this Court's refusal to put a blanket ban.

"That in the name of Right to life, freedom of religion cannot be taken away and that a balance has to struck like that has been done through the decision of this Court dated October 29, 2021,” the plea drawn by advocate Shashank Shekhar Jha said.

The petition alleged that despite clear orders of the top court, certain states and UTs didn't take necessary steps to ensure proper arrangements for celebration of Deepawali were made and instead registered FIRs and imposed curfew.

Also watch: Delhi govt bans production, sale, use of firecrackers till Jan 1, 2023

“The chief secretaries, police commissioners, police district superintendents, station house officers and others in order to comply with the orders of their respective state governments have taken action against the common people who while purchasing the firecrackers didn't even have knowledge about the ingredients of the crackers at all.

“That such arrests and FIRs on the festive season like Deepawali has not only brought a very bad message to the society at large and has unnecessarily created a fear and anger among the masses,” the plea said.