Thread by @barandbench

Supreme Court Bench headed by Justice AM Khanwilkar is hearing an appeal challenging NGT order pertaining to the ban of firecrackers.

Justice Sanjiv Khanna: these are COVID times and its not a blanket ban on firecrackers.

#supremecourt #firecrackers

Sr Adv PS Narasimha: they say there is a total ban on firecrackers during COVID19

Justice Khanwilkar: it is only dependant air category. if its severe it will not be not allowed. It is aonly furthering the cause of our earlier judgment. There is no ban Mr Narasimha.

Justice Khanwilkar: there is no ban. Only ban to burn where quality is poor. When the air quality is moderate green crackers are allowed. In other areas it is allowed. Bann only in areas of higher than poor
#firecrackers #airpollution

Justice Khanna: whatever can be controlled should be controlled.

Narasimha: now we have a mission mode in Supreme Court

Justice Khanwilkar: there is no ban on manufacturing .. only use is banned in air quality poor areas

Narasimha: there is ban on sales too

SC: There has to be a ban on sales too in areas where air quality is poor.

Adv J Sai Deepak: Despite poor quality of air, SC has noted that as long as it is green crackers, they can be burnt even if air quality is poor

Justice Khanwilkar: please don't move your hand so much. we can only see your hands and not you

Sai Deepak: the NGT order is in conflict with the SC judgment. This order is not blanket and is left to the executive to determine the air quality and permit. executive seems to be reluctant. i represent an individual reseller. I have invested but no way to sell.

Justice Khanna: that argument does not carry weight. You know that fire cracker ban issue is always a subject matter and you cannot say the seller did not know something happened. It was a graded criteria, get a license and sell somewhere else.

Justice Khanwilkar: as soon as it is seen the air is poor, forget production, sales should also stop.

Sai Deepak: as per a IIT Kanpur report, fire cracker is not even the list of top 15 factors which contributes to air pollution.

Justice Khanwilkar: do you need IIT to understand that fire crackers impact your health? ask someone staying in Delhi what happens during Diwali

SC: We have come a long way from 2017, and we are in the middle of the covid pandemic

SC: Do you want us to record that manufacturing should be stopped ? What you’re saying is the obvious import of the paragraph. The shift in the quality of air will lead to allowing of firecrackers. It is there.

SC ORDER: NGT Order is a graded approach taken by the Tribunal to the prevailing situation. Clause 1 of the order in our opinion that there will be total ban on sale of all kind of firecrackers during pandemic and when air quality falls.

SC ORDER: If quality improves, the authorities may permit sale and use of firecrackers as per the category of air quality index (AQI)

SC ORDER: No clarification needed. It was expressed that manufacturing activities will also be prohibited in the concerned area if the AQ falls. The Order does not deal with that

SC ORDER: If the situation is covered by earlier general directions of this court, it must be followed in letter and spirit. these appeals are devoid of merit and are dismissed.
#supremecourt #firecrackers

Do you need IIT report to understand fire crackers impact your health? Ask someone staying in Delhi what happens during Diwali: Supreme Court

report by @DebayonRoy

#SupremeCourt #Firecracker

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