The Supreme Court has permitted the sale and bursting of approved green firecrackers in Delhi and the National Capital Region (NCR) for a limited period around Diwali, subject to enforcement and monitoring safeguards. [Arjun Gopal and Others v. Union of India and Others]
A Bench of Justices MM Sundresh and PB Varale allowed bursting of fireworks only between 6 AM and 7 AM, and 8 PM and 10 PM on November 7 and 8.
The Court directed that cancelled traders’ licences be temporarily restored from November 4 to 6 to facilitate the sale of approved green crackers. It further ordered that the complete ban resume on November 9.
In its October 29 order, the Bench had prohibited bursting firecrackers within 300 metres of hospitals, nursing homes, primary and district health centres, old-age homes and notified silence zones. The restriction also applies to educational institutions. These areas must be declared “No-Cracker Zones”, marked on the ground and publicised, the Court directed.
“All necessary efforts will have to be made to ensure due compliance as endeavours should be made not to cause any inconvenience to those who are suffering from ailments,” the Court said.
Explaining its decision to temporarily regulate firecracker use rather than maintain a complete ban, the Bench noted that authorities had failed to provide adequate data on the prohibition’s effectiveness or the impact of last year’s trial relaxation.
It also expressed concern that conventional crackers continued to be sold under green labels despite the ban. The Bench observed that the prohibition was facilitating illegal sales while preventing people from purchasing legitimate, tested green crackers.
The Court thus issued the following directions:
- Firecracker manufacturers holding valid CSIR-NEERI and PESO certification may manufacture only approved green crackers listed on CSIR-NEERI’s website from November 2 to 6.
- Crackers must be packed in sealed boxes carrying product and batch-specific QR codes showing the manufacturer, registration, licence, formulation and test certificate. QR codes cannot be transferred or sold.
- Manufacture or sale of crackers joined in series (ladis) and garlands is prohibited. Barium-containing crackers and unapproved products are also prohibited.
- Manufacturers and traders must furnish a substantial security deposit, with the amount fixed by the authorities. It will be forfeited for violations.
- Sales must be confined to designated locations. Online sales are prohibited.
- Authorities must check vehicles entering Delhi-NCR to prevent illegal supplies. Police patrols must inspect sales locations, verify QR codes, confiscate illegal crackers and initiate prosecutions against offending manufacturers and traders.
- CPCB and State Pollution Control Boards must prepare daily air-quality reports for November 2–6, November 7–8 and November 9–30. Sand and water samples must be collected for comparison and defective monitoring stations repaired immediately.
The Court directed authorities to explain on affidavit how they had implemented the safeguards, including security deposits, sales arrangements, vehicle checks and patrolling, and what action they had taken against violators.
It also sought pollution-monitoring reports and details of any increase in hospital admissions linked to firecracker pollution across Delhi-NCR up to November 30.
The reports must be filed by December 14, the Court directed, warning officials of contempt action for non-compliance.
“Accordingly, all the aforesaid reports supported by affidavits shall be filed on or before 14.12.2026. Needless to state, strict actions of contempt will be taken against the responsible officials, if the aforesaid directions are not complied with,” it said.
The directions came in a petition filed in 2015 in which the Court has been passing orders imposing restrictions of firecrackers in Delhi and other north Indian States affected by air pollution between October to January.
Due to the persistent problem of poor air quality in Delhi, the Court had earlier banned the use of firecrackers in Delhi.
However, in 2025, the top court permitted the sale and bursting of green firecrackers in Delhi NCR during the Diwali festival for a limited period. The Court had then clarified that the relaxation was only on a test case basis and subject to enforcement and monitoring safeguards.
During the hearing on October 29, amicus curiae Senior Advocate Uttara Babbar, supported by Senior Advocate Gopal Sankaranarayanan for the petitioners, argued that ineffective regulation and continuing pollution warranted a complete prohibition.
“Orders after orders have been passed by this Court. Every single order has been violated and breached. Contempt petitions have been filed…They got stocks of barium despite seven bans being imposed by this Court,” Sankaranarayanan submitted.
Senior Advocate J Sai Deepak, appearing for manufacturers and traders, argued that preventing licensed businesses from operating would encourage sales of more hazardous illegal crackers.
Additional Solicitor General (ASG) Aishwarya Bhati, representing the Union government, Delhi government and the Commission for Air Quality Management (CAQM), assured the Court that the proposed pollution-control action plan would be implemented.
The Bench stressed that religious freedom under Article 25 is subject to public health and other fundamental rights, including the right to a pollution-free environment under Article 21.
The matter will be heard for further compliance on December 16.
[Read Order]