A Bench led by Chief Justice of India BR Gavai and Justice Vinod Chandran directed that licensed sale of green crackers will be allowed from October 18 to October 21, while the bursting of such crackers will be strictly restricted between 6:00 PM and 10:00 PM.
The Court made it clear that only green firecrackers bearing QR codes, verifiable and approved products, may be sold, and local police authorities must deploy patrolling teams to ensure compliance. Any violation, it warned, will attract enforcement action. Further, online/e-commerce sale of firecrackers remains completely prohibited.
While modifying the earlier blanket ban, the Bench observed that absolute prohibition had inadvertently encouraged smuggling of conventional, more harmful crackers, causing greater damage to air quality. The Court noted, “A balanced approach is required. The introduction of green crackers following the Arjun Gopal judgment has, over the past six years, significantly reduced emissions, as supported by NEERI’s findings.”
The Court also considered submissions from neighbouring States like Haryana, where a substantial portion falls within the NCR, and acknowledged that previous bans had not yielded substantial improvement in air quality, except during the COVID-19 lockdown period.
Earlier, the Court had expressed reservations about lifting the ban unless it was conclusively shown that green crackers had minimal pollution impact. However, following representations by State governments and manufacturers, it was argued that a regulated system with limited timings would be more effective than an outright ban.
During the hearing, Solicitor General Tushar Mehta urged for relaxation, submitting that no conclusive material linked Diwali firecrackers as the primary cause of deteriorating air quality. Manufacturers, represented by Senior Counsel K Parameshwar and J Sai Deepak, contended that the regulated industry had been unfairly stigmatised and sought a fair opportunity to distribute compliant crackers through designated points.
With this order, the Court has signalled a controlled return of festive celebrations, while retaining strong safeguards to protect public health and environmental interests.
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