The Supreme Court on Monday came down heavily on Delhi Police as the bench questioned the reason behind the failure of firecracker ban in the national capital as they mentioned "no religion promotes any activity that promotes pollution or compromises with health of the people."
The top court further asked the Delhi government to decide before November 25 on a "perpetual" firecracker ban after consulting stakeholders.
What Did Supreme Court Say?
The bench consisting of Justices Abhay S Oka and Augustine George Masih also called the ban a mere 'eyewash' for only seizing raw materials and leading to thousands to burst cracker during Diwali this year.
"We direct Delhi police commissioner to form a special cell to ensure effective implementation of the ban on fire crackers. We direct Delhi police commissioner to file a personal affidavit putting on record the steps taken by them to enforce ban," it said.
The top court wondered why the Delhi government delayed imposition of the ban on fire crackers till October 14, when the order of ban was issued.
"The right to live in a pollution-free atmosphere is a fundamental right under Article 21 of the Constitution. Prima facie, we are of the view that no religion promotes any activity that promotes pollution or compromises with health of the people," remarked the bench.
The bench directed the Delhi police commissioner to immediately inform all the stakeholders concerned about the ban order and ensure no sale and manufacture of crackers any further.
They also rapped the Delhi police when it was suggested by their representative that the ban notification was too late, the bench said, "... we find that implementation of the order was not taken seriously by the police and there is nothing in the affidavit to show ban order was communicated to manufacturers and stores making and selling firecrackers (in Delhi)."
The court then questioned the Delhi government for delaying the firecracker ban announcement, pointing out that by the time the ban was issued, people who still wanted to set off fireworks might have already bought them.
The air quality in the national capital was in the 'very poor' category on Monday morning, with a thick layer of smog covering several parts of the city.
According to the Central Pollution Control Board (CPCB), Delhi recorded an overall Air Quality Index (AQI) of 349 at 9 am. However, at least two weather stations out of the 39 in the city -- Bawana and Jahangirpuri -- reported 'severe' quality air at 401 and 412, respectively.
