Diwali is over, no reason to continue with plea against Delhi government's firecracker ban: HC

The Delhi High Court on Monday disposed of a plea, filed before Diwali, against a complete ban on the sale, storage and use of firecrackers here, saying there is no reason to continue with the petition as the festival is over.

The plea sought a modification to a September 15 Delhi government order that imposed a ban on all kinds of firecrackers on account of pollution concerns. The petitioners' counsel had said instead of the absolute ban, authorities ought to opt for green crackers or a graded regulation.

The order imposed the complete ban ahead of Diwali, which was celebrated on November 4 this year.

A bench of Chief Justice D N Patel and Justice Jyoti Singh said the petition was filed before the Diwali festival which is now over and added that "we see no reason to continue with the petition".

"The petition is disposed of," the bench said

The high court was hearing the plea of Rahul Sanwariya and Tanveer, who had claimed that the Delhi government's decision of imposing the complete ban was an "overreach" as the Supreme Court had never ordered an absolute ban on the sale of firecrackers in the national capital.

The petitioners, through advocate Gautam Jha, said they were seeking a modification of the September 15 order which imposed a complete ban on the storage, sale and bursting of all kinds of firecrackers during the festival of Diwali on account of pollution concerns.

Instead of an absolute ban, the authorities ought to opt for green crackers or a graded regulation, the counsel had earlier said.

The petitioners have contended that the ban was arbitrary, unreasonable and excessive.

"The action of the respondent (Delhi government) must be no more intrusive than is necessary to meet an important public purpose. No doubt Article 25 of the Indian Constitution is subject to Article 21 and it is not contested by the petitioners, however, it is submitted by the petitioners that the extent of the interference of the respondent by its decision/ order is not proportionate to the ultimate aim and objective, that is, to curb pollution in the NCT of Delhi," the petition said.

It claimed that pollution in Delhi was attributable to vehicles and biomass burning, among other issues, and the complete ban on firecrackers, one and a half months prior to the festival of Diwali, has hurt the sentiments of millions of people.

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