While directing the Commission for Air Quality Management (CAQM) to continue the Graded Response Action Plan Stage-II restrictions along with measures, including water sprinkling, mechanised road sweeping, restricting entry of interstate heavy vehicles in the national capital, the Supreme Court, on Thursday, asked the Delhi and the NCR states – Haryana, Uttar Pradesh, and Rajasthan to take a call on a blanket ban on the sale and bursting of fire-crackers.

Permitting the CAQM’s proposal to implement certain GRAP Stage-III measures along with GRAP Stage-II to tackle air pollution, a bench of Justice Abhay S Oka and Justice Augustine George Masih said the directions in its December 5, 2024 order would continue to be enforced till further orders. The Supreme Court by its December 5 order while permitting CAQM to relax GRAP stage IV restrictions to GRAP stage II, had said If the AQI crosses 350, GRAP III should be imposed and if it crosses 400, restrictions under GRAP IV must be brought back.

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Amicus curiae Aparajita Singh told the bench that monitoring is the main issue which is still not happening. If it is monitored, even with half of the intensity that is required, we won’t reach this situation.

As the hearing took note of the government-owned vehicles, Justice Oka asked “Why can’t there be a policy that involves government-owned vehicles? A large number of vehicles are used by the government.” Amicus curiae Singh told the bench that the new vehicles purchased by Delhi governments are all electric, that is the new pattern which is being followed.”

Focusing on the long-term measures involving a ban on the sale and bursting of firecrackers during festival season including celebrations, the bench asked Delhi, Haryana, Uttar Pradesh, and Rajasthan to take a final call on prohibiting the firecrackers throughout the year.

“The issue regarding the ban on use of firecrackers in NCR states is yet to be addressed. We direct the concerned state governments to place their decisions regarding a complete ban on the use of firecrackers throughout the year,” the bench said, adding the ban on firecrackers is required not only to curb air pollution but also noise pollution as well. The court had indicated that it would consider issuing necessary directions to the state governments on the issue of a ban on the use of firecrackers.

Taking a serious note of the large-scale bursting of the firecrackers during Diwali festivities, the Supreme Court during the hearing on November 11, had said that the right to live in a pollution-free atmosphere is a fundamental right of every citizen under Article 21 of the Constitution, and no religion encourages any activity which creates pollution. Questioning the authorities on their failure to implement the ban on firecrackers in Delhi during Diwali, the bench of Justice Oka and Justice Masih had said that if firecrackers are burnt in this fashion, it also affects the fundamental right to health of the citizens.

“The right to live in a pollution-free atmosphere is a fundamental right of every citizen which is protected by Article 21 of the Constitution of India. Prima facie we are of the view that no religion encourages any activity that creates pollution or compromises with health of people. If firecrackers are burnt in this fashion, it also affects the fundamental right to health of the citizens,” the court had said, taking a dim view of the authorities not enforcing the ban on bursting of firecrackers.