New Delhi: The Supreme Court today instructed the Delhi Government and the Police Commissioner of Delhi to submit affidavits detailing the measures taken to enforce the firecracker ban in Delhi and outlining future strategies to ensure compliance next year.
The directive was issued by a bench comprising Justice Abhay Oka and Justice Augustine George Masih during a hearing on the MC Mehta case, which addresses air pollution in the Delhi NCR region from various sources, including firecrackers, stubble burning, and industrial emissions.
“We direct the Delhi government to provide a comprehensive affidavit documenting the orders on the firecracker ban and the actions taken to enforce it. The Police Commissioner is also to file an affidavit outlining steps implemented by the police to uphold the ban. The affidavits must include proposed measures for next year, focusing on effective implementation and public awareness,” the Court ordered.
The Court further requested that the authorities consider implementing a permanent firecracker ban in Delhi, stating, “The government of Delhi and other concerned authorities will need to deliberate on the possibility of a perpetual ban on firecracker usage.”
Justice Oka mentioned that the Court may extend the firecracker ban to other festivals beyond Diwali, depending on the effectiveness of the current ban. He also cited media reports suggesting that enforcement of the ban was lacking, emphasizing the ban's importance for reducing pollution, especially during Diwali. Justice Oka also questioned the legal basis of the ban and directed the Delhi government to place the relevant order on record.
Amicus curiae Aparajita Singh referenced a Centre for Science and Environment (CSE) report highlighting a sharp rise in stubble burning incidents around Diwali, with pollution levels reportedly increasing from 10 percent to 30 percent on Diwali due to these fires. The Court instructed the Delhi government and Police Commissioner to submit an affidavit within a week on their enforcement actions and additional steps planned for next year. Additionally, the Delhi government was asked to report on any instances of farm fires within Delhi's jurisdiction.
The Court also directed the governments of Haryana and Punjab to provide data on stubble burning incidents recorded during the last 10 days of October. It noted the Delhi government’s October 30 affidavit addressing issues such as large-scale waste burning and set November 14 as the date for the next compliance review for Delhi and NCR states.
Previously, the Court expressed concern over the lack of punitive measures by the Commission for Air Quality Management (CAQM) and the state governments of Punjab and Haryana in addressing stubble burning, which it regards as a violation of citizens’ right to a clean environment under Article 21.
Today, the Court also extended by one week the deadline for the Union to make a decision on Punjab’s proposal for funding to support small farmers, including assistance with tractors and drivers. Compliance on this issue is due by November 14.
Justice Oka inquired about the progress on machinery installation under Section 15 of the Environmental Protection Act. The Union’s counsel informed the Court that draft rules were prepared and are undergoing translation, with completion expected within two weeks. The Court ordered an updated compliance report to be filed by November 14.
Additionally, the Court reviewed the December 13, 2023, directive mandating color-coded vehicle stickers to indicate fuel type. All NCR states are required to submit compliance affidavits within a month. The Ministry of Road Transport and Highways (MoRTH) was also ordered to convene a meeting with transport department heads and commissioners from other states and union territories to assess progress, with a compliance affidavit from the Union due shortly after.
Case no. – WP (C) 13029/1985
Case Title – MC Mehta v. Union of India