SC raps Delhi police for not fully imposing cracker ban

Says pollution-free atmosphere is a fundamental right in the Constitution

Calling it a mere “eyewash”, the Supreme Court came down heavily on the Delhi police for failing to comprehensively implement the firecracker ban in the national capital and only seizing raw materials. A bench of Justices Abhay S Oka and Augustine George Masih therefore directed the Delhi police commissioner to immediately inform all the stakeholders concerned about the ban order and ensure no sale and manufacture of crackers.

“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 the ban,” it said. The top court wondered why the Delhi government delayed imposition of the ban on firecrackers 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 the health of the people,” remarked the bench. The top court further asked the Delhi government to decide before November 25 on a “perpetual” firecracker ban after consulting stakeholders.

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