NEW DELHI: The Supreme Court, in response to ongoing deliberations, has reserved its verdict on the production and utilization of eco-friendly firecrackers during Diwali in Delhi. The Court acknowledged the prevailing ban on all firecrackers at present.

A bench comprising Justices AS Bopanna and MM Sundresh opted to defer their judgment following an extensive hearing on the matter.

The Court's deliberations centered on firecracker regulations, with one of the petitions lodged by BJP leader Manoj Tiwari in 2022, challenging the blanket prohibition on firecrackers during Diwali celebrations in Delhi.

During the proceedings, the Court raised questions about its authority relative to the Council of Scientific and Industrial Research (CSIR) and emphasized the need to trust established institutions.

Additional Solicitor General Aishwarya Bhati, representing the government, clarified that while Barium was indeed banned, it pertained specifically to the 2018 Diwali.

The Court reiterated that, as things stand, all firecrackers are banned, regardless of whether they are environmentally friendly.

Aishwarya Bhati also informed the Court that the Delhi Police has not issued any permanent licenses for firecrackers since 2016 and that all permanent fireworks manufacturing licenses have been revoked. Furthermore, the police will conduct inspections of all licensee premises.

The Court emphasized that merely penalizing those who ignite firecrackers is insufficient, and authorities must trace the origins of these fireworks.

Senior Advocate Gopal Sankaranarayanan pointed out that affluent individuals can purchase expensive fireworks and then return to their air-conditioned homes with air purifiers. He also called for an examination of the health implications of harmful barium.

In an affidavit, the Petroleum and Explosive Safety Organization (PESO) outlined the approval process for Green Crackers and explained that fireworks can be categorized into sound-emitting, light-emitting, and combination fireworks.

Regarding light-emitting fireworks, there may be slight variations in four to five varieties. Combination fireworks incorporate both light and sound-emitting compositions.

Manufacturers licensed by PESO or District Magistrates collaborate with the CSIR-National Environmental Engineering Research Institute (CSIR-NEERI) to obtain improved or new formulation fireworks compositions. After obtaining these compositions from CSIR-NEERI, manufacturers licensed by PESO apply for approval from PESO, along with a certificate from NEERI.

To expedite the use of green crackers, PESO has instructed all fireworks manufacturers licensed by PESO to comply with directives issued by the Court on October 23, 2018. Manufacturers are advised to obtain an emission test report for improved or new formulations (Green Crackers) from CSIR-NEERI.

In a previous hearing, the Ministry of Environment, Forest and Climate Change (MoEFCC) informed the Supreme Court about measures taken by relevant agencies and fireworks manufacturers to address concerns raised by the Court. The Ministry also requested the Court's permission to oversee the smooth implementation and quality control of Green Crackers.

The Court's discussions centered on a petition regarding firecracker usage during Diwali festivities.

In 2021, the Supreme Court clarified that there is no blanket ban on firecrackers, with restrictions only applying to fireworks containing barium salts.

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