NEW DELHI: Three infants, whose petition led the Supreme Court to ban firecrackers last year in the capital, have approached court again.
Through their advocate fathers, the children want SC to re-impose the ban it lifted "for the time being" allowing order of suspending the permanent licences for sale and retail of firecrackers within the National Capital Region.
SC had allowed existing licensed manufacturers to exhaust their stock.
"The petitioners submit that obviously the pollution level going up during Diwali is not a recent phenomenon or a one-off situation but has been occurring over many years. In fact over time, the pollution level has only become worse. This being the case, there is no reason to modify the interim order. There can be no gradual elimination of a serious problem that affects the lives of the people under Article 21 of the Constitution, particularly the children and the marginalised. In any event, now that the documents reveal that the problem is over 20 years old and monitored as such, this cannot be in any sense of the term considered to be 'gradual'," the children have submitted by way of a fresh application.
Arjun Gopal, Aarav Bhandari and Zoya Rao Bhasin had originally moved Supreme Court days before Diwali. On their behalf, advocate Gopal Sankaranarayanan had pressed for several measures to mitigate pollution and exercise their right to clean air.
Last month, SC modified its earlier order and sale of fireworks in NCR was permitted for the upcoming Diwali season through both temporary and permanent licences.
Arguing against the relief, the children have pointed out that the bar which had been imposed immediately after Diwali last year "has been lifted precisely before the Dussehra-Diwali season rendering the order of a larger bench entirely without effect as it sustained for the ten month period when large scale bursting of fireworks does not take place."
The plea added, "As can be seen from the above figures, a large number of permanent licensees already exist in Delhi and NCR, therefore, there is no need to issue any temporary licences. Increase in the number of licences, by adding temporary licences for the 15-20 days during Diwali, will only increase the use of firecrackers." The plea is likely to come up for hearing this week.
