
The Supreme Court of India on Monday (Nov 11) sharply criticised the Delhi Police and asked for "immediate action" on banning the sale and bursting of firecrackers in the city, which has been happening every year defying the existing ban, even after the festival of Diwali, and said that "no religion encourages pollution".
"No religion encourages any activity which creates pollution. If firecrackers are burst in this fashion... it also affects the fundamental right to health of the citizens," stated a bench comprising Justice Abhay S Oka and Justice Augustine George Masih, while hearing the case on the yearly air quality crisis of Delhi.
“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,” added the bench.
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The court also asked the Delhi government to decide by November 25on permanently banning the firecrackers in the wake of their chemical residue blanketing the city with a cloud of toxic smog that has been adversely affecting the health of the residents.
The apex court also directed the Delhi Police to create a special cell which would enforce the ban on crackers and give responsibility to SHOs for implementing the Delhi government order dated October 14 in this regard.
The Commissioner of Delhi Police was ordered by the court to file an affidavit by November 25 regarding whether notices of ban were issued to all cracker manufacturers.
The court further asked the police to provide details of steps adopted for curbing the online sale of crackers.
TheSupreme Courtalso asked the states of the National Capital Region to inform about the steps adopted for controlling air pollution.
After the Delhi government and police were reprimanded last week, an affidavit was filed by the Delhi Police explaining the steps taken by them.
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"There are widespread news reports the ban on firecrackers (in Delhi NCR) was not implemented at all...," said the court last week.
"After October 14 did the police go and stop the sale of firecrackers?" the court asked on Monday (Nov 11), to which the police said "yes". "This is all eyewash..." the court replied.
"We find that implementation of the order was not taken seriously by the police and there is nothing in the affidavit to show the ban order was communicated to manufacturers and stores making and selling firecrackers (in Delhi)," said the court.
"We direct the Commissioner of Police to immediately take action and inform all concerned about the ban... to ensure, during the ban, no manufacturers stores or sells firecrackers," it added.
After Diwali, the capital city's air quality index (AQI) plummeted to the 'severe' category.
(With inputs from agencies)