Delhi: Advocate writes to L-G opposing ban on firecrackers, cites SC's order

Opposing the blanket ban on firecrackers in Delhi placed by the Delhi Pollution Control Committee (DPCC) till January next year, a Delhi based lawyer, Shashank Shekhar Jha, on Wednesday wrote to the Lieutenant Governor of Delhi, Anil Baijal, seeking cognizance against the order, citing that it violates the order of the Supreme Court dismissing the blanket ban and permitting the use of green firecrackers. 

Jha has written to LG seeking a stay on the DPCC’s order and seeking directions for Delhi Police to not take action against people who want to burst green firecrackers to celebrate. The letter cites that despite the apex court’s order, the DPCC has passed an order stating that, “there is a ‘Complete Ban’ on sale, storage and bursting of all kinds of firecrackers in the territory of NCT of Delhi till 01.01.2020,” which has prohibited firecrackers in Delhi.
 

Similarly, the plea also highlights that the DCP outer Delhi of Delhi Police, Parvinder Singh issued a statement on 2 November stating that, “Patrolling will be done at several crowded places. We will file cases against those who would sell or burst crackers despite the ban on security arrangements during festivities.”
 

"When SC has refused to blanket ban, Why is Delhi govt stopping us from celebrating?"

Jha further asserted that the people of Delhi are being refrained from celebrating despite the top court’s order stating otherwise.  According to Jha, “When the Supreme Court has refused to impose a complete ban, why is the Delhi government trying to stop us from celebrating Diwali?”

The plea further said, “the Supreme Court has passed the order considering the view that there should be a balance in the society and that not everything could be banned. We are of the opinion that the order of DPCC putting a complete ban on firecrackers and the statement of DCP, Out Delhi outlining police’s line of action on the instant matter are contrary to the decision of the Hon’ble Supreme Court and therefore are unconstitutional and illegal.”

The plea further stated that the order passed by DPCC and Delhi Police are a blatant violation of the order of the Supreme Court’s order and will additionally attract contempt of court. It further said that the order/ statement by the DPCC and Delhi Police violates freedom of conscience and free profession, practice and propagation of religion as guaranteed under Article 25 of the Indian Constitution. 

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