'Delhi’s Air Will Be Very Bad After Diwali’: SC Judge As Firecracker Hearing Nears

The Supreme Court on Wednesday linked Delhi’s worsening air quality after Diwali to a routine request for adjournment, as a separate bench prepares to consider whether firecrackers will be permitted in the national capital this year.

Justice Vikram Nath, the senior-most puisne judge of the Supreme Court, made the remark while considering senior advocate Indira Jaising’s request to list a matter on November 17.

“Post Diwali, the air in Delhi will be very bad,” Nath said. The exchange came amid concerns over Delhi’s deteriorating air quality and the annual debate over the use of firecrackers during Diwali.

A separate Supreme Court bench is scheduled to hear the firecracker matter on Thursday. The proceedings are linked to Delhi’s pollution crisis and a petition seeking a complete ban on firecrackers.

Courtroom Exchange Over Delhi’s Air Quality

Jaising requested that her matter be adjourned to November 17, but Nath said it could be taken up on November 3.

“You come before Diwali, the environment would be cleaner. After Diwali, it will be worse,” the judge remarked.

Jaising responded that Diwali was an extremely polluted time in Delhi and urged the bench to list the matter on November 17. “Your lordships already have to suffer the bad air,” she said.

As Jaising appeared virtually, Nath replied, “You have the privilege of sitting at home and saving yourselves from the pollution. But we can’t sit at home.”

Two Pollution Matters Before The Court

The Supreme Court is monitoring Delhi’s air pollution through a suo motu proceeding arising from a petition filed by advocate MC Mehta.

Separately, a petition filed in 2015 by three toddlers sought a complete ban on firecrackers, citing their harmful effects on children, elderly people and those with health conditions that make them vulnerable to breathing difficulties.

Both matters are listed for Thursday before a bench headed by Justice MM Sundresh.

Firecracker Curbs In Delhi-NCR

Delhi-NCR is already subject to restrictions on the bursting, sale and distribution of firecrackers under orders passed in the MC Mehta case.

The Supreme Court had eased the restrictions last year by permitting a limited window for the sale and bursting of crackers during Diwali. The arrangement sought to balance the right to health with the right to observe festivals and religious beliefs.

Fireworks sellers have again sought a regulated arrangement for this year. They have asked the court to permit the sale of crackers on specified dates under court-monitored conditions and regulate their use during designated hours.

Court Seeks A Practical Approach

Earlier this month, the Supreme Court said the issue required a “practical and pragmatic” approach. The bench indicated that religious sentiments should be respected while protecting public health, pointing to green crackers as a less harmful alternative.

The Centre has placed technical proposals before the court involving experts from CSIR-NEERI, PESO and CPCB. These include formulations for next-generation joined crackers, or laris, designed to be less polluting than conventional varieties.

Studies are also under way on reducing the use of barium in firecrackers, with open-ground testing being conducted at multiple locations across the country. The court is expected to consider the matter on Thursday.