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Supreme Court Signals Diwali Trial Relaxation of Delhi-NCR Firecracker Ban

The bench reserved its order after calling a blanket ban impractical, considering a tightly regulated return of NEERI‑certified green crackers.

Overview

  • A bench of CJI B. R. Gavai and Justice K. Vinod Chandran reserved its order but orally indicated the ban would be lifted during Diwali on a trial basis with fixed time windows.
  • Solicitor General Tushar Mehta, for the Centre and NCR states, sought permission for NEERI‑approved green crackers with conditions including licensed sales only, a bar on e‑commerce, and a continued ban on joint ‘laris’.
  • The government’s proposal includes QR codes for certified products, periodic inspections by PESO, NEERI and state pollution boards, and limited windows for other festivals such as Christmas, New Year’s Eve and Gurpurab.
  • Amicus curiae and experts warned about counterfeit ‘green’ products and weak on‑ground testing and enforcement, noting PESO lacks a Delhi testing facility and urging random sampling and deterrent action.
  • The court questioned whether AQI improved since 2018; the SG said levels stayed largely the same except during the COVID‑19 lockdown, as the bench weighed livelihoods and signalled a possible revisit of the 2018 Arjun Gopal framework.