A bench headed by Justice M.R. Shah said let people breathe clean air, adding that there were other ways to celebrate.
“Spend your money on sweets,” said the bench.
Advocate Shashank Shekhar Jha, representing Tiwari, contended that the pollution is also rising due to stubble burning. However, the bench said it will hear the matter later.
Tiwari said the plea was filed to protect the interests of the public at large who are being harassed for celebrating Diwali which is deemed to be one of the most important festivals of the Hindus.
“That despite of the clear order of this court refusing to put a blanket ban on the firecrackers, various respondents have put a blanket ban on the storage, sale and use of all types of firecrackers in year 2021 and subsequently taken coercive step against the buyer, purchaser and users of the same”, said the plea, which had made all state governments and union territories as respondents in the matter.
“That in order to implement the blanket ban, Respondent No. 2 (Delhi government) has also announced plans with Delhi Police, DPCC and Revenue Department. This may include FIR against common people for selling and/or using fire-crackers during festive seasons like Diwali, Chhath, Durga Puja, etc just like last year.”
The plea submitted that this harassment will not only violate freedom of expression and employment (Article 19), the Right to life (Article 21) of people at large but will also infringe freedom of conscience and free profession, practice and propagation of religion of people at large (Article 25).
The plea sought a direction to all respondents to issue fresh guidelines in respect to selling, purchasing or bursting permissible fire-crackers.
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