A plea was filed in the Delhi High Court on Friday seeking an urgent hearing against the Delhi government's decision to completely ban the sale and use of firecrackers in the national capital ahead of Diwali.
Advocate Gautam Jha mentioned the matter before the Bench of Chief Justice D.N. Patel and sought an urgent hearing in the matter as Diwali is approaching.
On Thursday, the matter got adjourned for December 13, as the main counsel was not present at the time. "We are not allowing or declining. Give the detail of the case number, we will see later in the day," the Chief Justice said.
Earlier, the court took note of the submission of the respondent that the related matter is already examined by the Supreme Court. In their plea, Rahul Sawariya and Tanveer through Advocates Gautam Jha, Pankaj Kumar and Shweta Jha also sought direction from the respondent to consider Graded Regulations instead of a complete ban on firecrackers during the festival of Diwali.
"The decision to ban all forms of firecrackers prior to about 1.5 months of Diwali is arbitrary and unreasonable," the petition contended. It claimed that the decision to ban the use of firecrackers one and a half months prior to Diwali is also excessive.
"The action of the Respondent must be no more intrusive than is necessary to meet an important public purpose. No doubt Article 25 of the Constitution is subject to Article 21 and it is not contested by the petitioner, however, it is submitted by the petitioner 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 the pollution in the NCT of Delhi," read the petition.
According to the petition, the National Clean Air Programme, under the Ministry of Environment and Forest and Climate Change, presented a report on the issue of air pollution, and the findings and data presented in the report will be relied upon by the petitioner to demonstrate that bursting of firecrackers is not among the 'major' source of pollution in Delhi and NCR.
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