Supreme Court to hear traders’ plea on October 13

New Delhi: The Supreme Court is likely to hear on October 13 the plea of a group of traders in the national capital region seeking modification of the October 9 order banning sale of crackers for this Diwali which will continue till November 1,

A Bench of Justices Ranjan Gogoi and A.M. Sapre (who was part of the three judge ban which slapped the ban) and Navin Sinha told counsel Deepak Chauhan, appearing for the traders for urgent listing that the application would be listed for hearing in consultation with other two Justices A.K. Sikri and Ashok Bhushan. 

The traders told the court that they have invested a huge amount of money after their licences were revived and the ban order would cause huge losses. 

It was submitted that their licences were revived after the apex court lifted the ban as per an order on September 12 and thereafter they procured firecrackers for sale during Diwali. They pleaded for modification of the order to allow them to sell the existing stock. 

The apex court on October 9 directed suspension all temporary licenses, which permit sale of fireworks, wholesale and retail within the territory of NCR. 

The suspension shall remain in force till further orders of this Court. No such licenses shall be granted or renewed till further orders. 

The Bench said that the September 12 order temporarily lifting the stay and permitting sale of firecrackers would be effective from November 1 and only licensed shops will be allowed to do business. Diwali is on October 19 and the order effectively means that no firecrackers will be available for purchase before the festival. 

In its order the court had said that as the ban was imposed last year after Diwali the NCR did not have the benefit to test air quality without bursting of crackers. 

It said “We are of the view that the order suspending the licences should be given one chance to test itself in order to find out as to whether there would be positive effect of this suspension, particularly during Diwali period.”

The Judges said insofar as adverse effects of burning of crackers during Diwali are concerned, those have been witnessed year after year. The air quality deteriorates abysmally and alarmingly and the city chokes thereby. It leads to closing the schools and the authorities are compelled to take various measures on emergent basis, when faced with “health emergency” situation. This very situation had occurred on the very next morning after Diwali in the year 2016. It resulted in passing the order dated November 11, 2016. This order prevailed during the year but the impact and effect of this order remains to be tested on Diwali days.
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