A petition challenging the decision of the Delhi Pollution Control Committee (DPCC) to impose a complete ban on the storage and sale of any kind of firecrackers within the capital Delhi during Diwali has been withdrawn from the Delhi High Court. The petition was filed on behalf of 50 licensed firecrackers traders, who had sought permission to sell green firecrackers in Delhi.
A bench of Justice Sanjeev Sachdeva on Monday allowed the petitioners to withdraw the petition, observing that since Diwali is just three days away, the petitioners should be allowed to withdraw the petition, reserving the right to challenge the validity of the orders. .
During the arguments, the court also said that if a person from an area with excellent air quality comes to Delhi and you (petitioner) sell firecrackers to him, that too would clearly be in violation of orders. The petitioner should approach the Supreme Court for clarification in the matter.
Advocate Balendu Shekhar, appearing for DPCC, submitted that wherever the air quality is poor, firecrackers cannot be used. Even today the air quality is in the poor category.
The petition was filed by Jai Kishan and others, who are permanent license holders for the storage and sale of firecrackers in the area of Delhi-NCR. In the petition filed through advocate Rohini Musa, the petitioners are compelled to approach the Delhi High Court challenging the DPCC’s order dated September 15, 2021, which mandated the storage of all types of firecrackers during the festival of Diwali. And a complete ban has been imposed on the sale.
He said that the said orders of the respondent officers have been passed in complete violation of the fundamental rights of the petitioners guaranteed under Article 19(1)(g) and 14 of the Constitution of India.
Besides, the petitioner submitted that the complete ban on fireworks imposed by the respondent DPCC is also a violation of the rights of the petitioners as guaranteed under Article 14 of the Constitution.
They have therefore sought quashing of the order dated 28th September, 2021 by the Respondent DPCC, by which the storage, sale and use of firecrackers has been completely banned in the National Capital Territory of Delhi and the order passed by Respondent No. has been cancelled. The Petroleum Explosives Safety Organization has suspended the licenses of the petitioners on October 21, 2021.