Petition challenging firecracker ban withdrawn from Delhi High Court ahead of Diwali

A petition which challenged the decision of a complete ban imposed by the Delhi Pollution Control Committee on the storage and sale of firecrackers during Diwali has been withdrawn from the Delhi High Court. The petition was initially moved by 50 licensed traders of firecrackers as they wanted permission to sell green firecrackers in Delhi. The bench of Justice Sanjeev Sachdeva said on Monday, "Since Diwali is just three days away, petitioners should be allowed to withdraw the petition reserving the rights to challenge the validity of the orders later." The court said while arguing, "If someone from a locality with excellent air quality comes here in Delhi and you sell it to them, that will also be in clear violation of the orders. Petitioner should move the Supreme Court seeking clarification in the matter." Advocate Balendu Shekhar represented Delhi Pollution Control Committee (DPCC) and said that even today, the air quality was in the “Poor” category and firecrackers should remain banned.

Among the petitioners were Jai Kishan and other permanent license holders in the Delhi NCR region. They filed the petition in the court through Advocate Rohini Musa and said that they had been constrained to approach this Delhi High Court to challenge the order of the DPCC dated September 15, 2021. The petitioners said that the order by the DPCC was in violation of the fundamental rights of the Petitioners guaranteed under Articles 19(1)(g) and 14 of the Constitution of India. They further argued that the complete ban on fireworks imposed by DPCC is a complete violation of the rights of the Petitioners as guaranteed under Article 14 of the Constitution.

Further details about the petition

Therefore, the petitioners sought the court to quash the order of DPCC passed on September 28, 2021, by which the storage, sale and use of firecrackers were banned in Delhi NCR and quashing the order of Respondent No. 3 Petroleum Explosives Safety Organisation passed on October 21, 2021, which suspended the licenses of the Petitioners. The petitioners also sought an appropriate writ, order, or direction, quashing the order passed by the Respondent Joint Commissioner of Police, Licensing, Delhi, dated October 21, 2021, restraining the petitioners from storing and selling firecrackers.

With ANI inputs