Petition challenging ban on firecrackers in Delhi withdrawn from High Court
Nov 01, 2021
New Delhi [India], November 1 : A petition challenging the decision of complete ban imposed by the Delhi Pollution Control Committee on the storage and sale of any kind of firecrackers within the national capital during the festival of Diwali has been withdrawn from the Delhi High Court.
The petition was moved by 50 licensed traders of firecrackers who sought permission to sell green firecrackers in Delhi.
The bench of Justice Sanjeev Sachdeva on Monday while allowing the petitioners to withdraw the petition said, "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."
During arguments, the court also observed, "If someone from a locality with excellent air quality comes here in Delhi and you (petitioners) 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 appearing for Delhi Pollution Control Committee (DPCC) submitted that, wherever the air quality is poor, firecrackers cannot be used. Even today, air quality falls in the category of poor.
The petition was filed by Jai Kishan and others who are permanent license holders for the storage and sale of firecrackers in the region of the Delhi NCR.
The Petitioners in the petition filed through advocate Rohini Musa said that have been constrained to approach this Delhi High Court to challenge the order of the DPCC dated September 15, 2021, which imposes a complete ban on the storage and sale of all kinds of firecrackers inter alia during the festival of Diwali.
They submitted that the said orders of the Respondent Authorities have been passed in complete violation of the fundamental rights of the Petitioners guaranteed under Articles 19(1)(g) and 14 of the Constitution of India.
Further, the complete ban on fireworks imposed by the Respondent DPCC is also violative of the rights of the Petitioners as guaranteed under Article 14 of the Constitution, the petitioner said.
Hence they have sought to quash the order passed by the Respondent DPCC dated September 28, 2021, by which the storage, sale and use of firecrackers have been completely banned in the State of NCT Delhi and quashing the order passed by the Respondent No. 3 Petroleum Explosives Safety Organisation dated October 21, 2021, suspending the licenses of the Petitioners.
They 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.
