Firecracker Ban: Delhi High Court refuses to interfere with cancellation of licenses of firecracker traders

The Delhi High Court on Monday declined to interfere with the cancellation of licenses for firecrackers traders for sale of firecrackers in Delhi [Jai Kishan and others v State of NCT of Delhi and Anr.]..Justice Sanjeev Sachdeva also said that he will not grant permission to traders to sell firecrackers within Delhi to people coming from outside Delhi, one of the prayers raised by the traders.The Court said that it was of the prima facie view that the order passed by the National Green Tribunal (NGT) and confirmed by the Supreme Court "comes in the way of the petitioner" to sell firecrackers in Delhi."I am of prima facie view that the NGT order and SC order comes in way of the petitioner," the Court remarked. All the same, the Court also remarked that the cancellation of licenses was preventing the petitioners to dispose of the firecrackers outside Delhi too where air quality is good and where local administration permits the same. It therefore, asked the Centre whether any relief can be granted with respect to that."They can't destroy it, it will again create problem of pollution. Today they are in illegal possession so they will have to take it outside Delhi. They are seeking limited permission to take it out and sell wherever they have permission... What are the modalities is what the authorities will have to figure out," the judge said.The Central government counsel said if the petitioner can furnish information where they propose to sell it, then they could take instructions. The petitioners eventually proceeded to withdraw the case..The plea filed by 50 licensed firecracker traders sought permission to sell firecrackers to people outside Delhi who come to Delhi for buying firecrackers.The petitioners' licenses had been suspended by the Petroleum and Explosives Safety Organisation (PESO) via order dated October 21, 2021.They challenged the aforesaid order on ground of being violative of traders fundamental rights guaranteed under Articles 19(1)(g) and 14 of the Constitution of India.They also submitted that the respondent authorities are in violation of Section 31A of the Air (Prevention and Control of Pollution) Act, 1981, as such powers that are exercised by the Pollution Control Board are not justified in light of the Supreme Court order dated October 29, 2021..The apex court in Arjun Gopal and others v Union of India and others, had said that the storage, sale and use of firecrackers was permitted insofar as those areas where the pollution levels were within the permissible limits. Through the aforesaid order dated October 29, 2021, the top court had also passed directions regarding the responsibility and obligation of the authorities for implementation of such orders, the petitioner contended in their plea..It was submitted that instead of undertaking the necessary exercise to ensure compliance with the orders of the Supreme Court, the respondent authorities abdicated their functions, and took a convenient route of imposing a ban on the sale of firecrackers within the State of NCT, without appreciating that such abdication of their duties violates the petitioner's fundamental rights and is against orders of the Supreme Court..Considering that the festival of Diwali is around the corner, and in light of the express permission being granted by the Supreme Court, the petitioners approached the High Court for urgent relief.Advocate Rohini Musa, appearing for the petitioners, said that the Supreme Court has not imposed a blanket ban on sale of firecrackers.The petitioners contended that their case was not for sale of crackers in National Capital Region (NCR) but they were pressing for sale outside NCR.However, they expressed their inability to do so due to suspension of their licences.The Court then addressed the issue to the Central government lawyer, Kirtiman Singh."There is not discussion as regards to sale in NCR. They are not pressing for sale in NCR. They are pressing for sale in any area where the sale is permitted. Your order says they can't keep it (firecrackers) in Delhi. Now what are they to do with it? She says let me take it outside Delhi. You have suspended her licencse in Delhi," the Court said..The Court, however, added that it will not pass any order allowing them to sell it in Delhi. Singh then suggested that the petitioner can furnish information where they propose to sell it."I have a suggestion, if Ms Musa can submit information about where they will sell it then maybe we can take instructions," said Singh."But Mr Singh then you will have to give them a license for short period to allow them to carry the crackers," the Court said.The petitioners eventually proceeded to withdraw their plea. "The petition submits that since Diwali is only three days away, they should be allowed to withdraw the petition reserving the rights to challenge the validity of the orders later. The petition is dismissed as withdrawn," the Court noted..A plea is also pending before the Supreme Court against a Calcutta High Court order imposing a blanket ban on sale of firecrackers in West Bengal for the current year.