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Bursting of crackers on Diwali: No blanket ban, but SC lays down restrictions for all festivals

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Bursting of crackers on Diwali: No blanket ban, but SC lays down restrictions for all festivals

[vc_row][vc_column][vc_column_text]Amid the precarious air pollution situation in Delhi and several other parts of the country and Diwali approaching, the Supreme Court today (Tuesday, October 23) laid down restrictions to be followed for bursting of crackers applicable across the board for all festivals.

However, to the relief of citizens, the top court declined to issue a blanket, country-wide ban on fireworks.

A Supreme Court bench of Justices AK Sikri and Ashok Bhushan was hearing a bunch of petitions – including one filed by minors Arjun Gopal, Aarav Bhandari and Zoya Rao Bhasin (all aged below four years) through senior advocate Gopal Sankaranarayanan – which had sought a complete ban on the manufacturing, transportation and sale of fire crackers.

The court clarified that on festivals, including Diwali, the bursting of firecrackers will be allowed only between 8 pm and 10 pm. On Christmas and New Year’s Eve, the bench said, crackers can be burst between 11:45 pm and 12:45 am.

“We make it clear that we are concerned not only with Diwali… be it Gurpurab or Christmas, our directions will work across the board,” said Justice Sikri.

No fire crackers would be burst during the day, said the SC.

The SC said “improved and green” crackers can be manufactured and sold only by the licensed holders. The court imposed a complete ban on the sale of firecrackers by e-commerce firms, including Amazon and Flipkart.

It added that firecrackers will also have to comply with the prescribed noise levels and also barred the use of some chemicals, including barium salt, in the manufacturing.

The SC ordered the Petroleum and Explosives Safety Organisation (PESO) to give clearances to crackers only if they meet noise and emission standards. The court order made it clear that the existing stock of crackers would become redundant.

The court added that the Centre and state governments should promote community bursting of firecrackers by designating such spots.

In the national capital, the Supreme Court said the Aam Aadmi Party government should look into the possibility of community fireworks to reduce the pollution load. If the government goes for this, the judges said this should be done within the next week so that people do not end up buying firecrackers.

Local police officers shall be personally liable if there is a violation of the court orders and will be hauled up for contempt.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1540286805313{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #e5e5e5 !important;border-radius: 10px !important;}”]Main points

* People can burst low-emission firecrackers for 2 hours on Diwali (8pm to 10 pm), 35 minutes on Christmas and New Year’s eve (11.55 pm to 12.30 am).

* The top court asks Centre to encourage community cracker-bursting during Diwali and other festivals in Delhi-NCR.

* SC bans the online sale of firecrackers and puts a stay on the e-commerce portals from selling firecrackers.

* The top court asks the Central Pollution Control Board to monitor air quality 7 days before and 7 days after Diwali.

* Firecrackers can be sold only through licence holders.

* The area Station house officers will be held accountable if banned firecrackers are sold in their area.

* PESSO (Petroleum and Explosives Safety Organization) asked review the clinical composition of fireworks and give the suggestion within two weeks.

* The court ruling shall apply to all festivals and marriages.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]The judge said that this judgment has tried to strike a balance and has relied majorly on the suggestions and guidelines proposed by the central government.

The bench had reserved its verdict on the PILs on August 28 following elaborate arguments which saw Chairman, Centre for Chest Surgery & Lung Transplantation, Sir Ganga Ram Hospital and chief of Lung Foundation Dr Arvind Kumar make a passionate appeal before the judges in favour of banning fire crackers completely. Dr Kumar had placed on record graphic images of lungs of his patients, and explained to the court how, “everyone had turned a smoker” because of the high level of air pollution. He had established that the spike in air pollutants during Diwali, primarily due to bursting of fire crackers, could turn fatal for people with lung conditions.

Standing counsel for the Central Pollution Control Board, Supreme Court advocate Vijay Panjwani, who had supported the appeal for a complete ban on fire crackers during the court proceedings told reporters after the apex court’s verdict that though the “order is not very strict, it will regulate the sale and use of crackers to some extent”.

“All state pollution control boards and the Central Pollution Control Board will measure particulate matters (PM) 2.5 and 10 in the air seven days ahead of Diwali and seven days after Diwali,” Panjwani said.

Last year the top court had imposed a complete ban on sale of firecrackers in the national capital region and today’s decision brings relief for many Delhites wanting to celebrate Diwali the way have been accustomes to.

For the rest of the country, it will be the first time that the festival of lights would be celebrated under strict restrictions.

The top court had earlier said all aspects, including the fundamental right of livelihood of firecracker manufacturers and the right to health of over 1.3 billion people in the country, needs to be taken into account while considering a plea for the ban.

It had asked the Centre to suggest measures to be taken to curb the pollution and the effect of firecrackers on the public at large.

Manufacturers earlier told the court that the use of firecrackers should not be completely banned and it should instead be strictly regulated. They said firecrackers are not the reason for the increase in air pollution and there are other factors, like wind and temperature, which contribute to it.

India’s poor air quality causes over one million premature deaths every year, according to a joint report by two US-based health research institutes earlier this year. Delhi’s Air Quality Index (AQI) continued to be ‘very poor’ on Monday with an average reading of 318 of PM (particulate matter) 2.5 at 9 am, according to data of System of Air Quality and Weather Forecasting And Research (SAFAR).

Last October, the Supreme Court suspended the sale of firecrackers in Delhi-NCR till November 1 in the run up to Diwali which was celebrated on October 19 in 2017. But the use of firecrackers in the city was still rampant on Diwali day, according to an analysis of CPCB data by the Centre for Science and Environment (CSE).

The average PM2.5 concentration during Diwali and the morning after (12pm-12am, October 19-20) was 397 microgramme per cubic metre — 6.6 times higher than the safe limit and is in the ‘emergency’ zone. The day before Diwali (October 18), the 24-hour average was 184 microgramme per cubic metres.[/vc_column_text][/vc_column][/vc_row]

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Akhilesh Yadav says BJP orchestrated Sambhal violence to cover up byelection malpractice

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

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Samajwadi Party chief Akhilesh Yadav on Sunday accused the BJP government of orchestrating the violence in Uttar Pradesh’s Sambhal district during a mosque survey, claiming it was a ploy to distract from electoral malpractice.

Yadav, the former chief minister of Uttar Pradesh, also alleged incidents of electronic booth capturing during the recently concluded bypolls for nine Assembly seats in the state, suggesting that a forensic examination of the electronic voting machines (EVMs) by the Election Commission could provide clarity on the situation.

Earlier in the day, the Uttar Pradesh Police used tear gas to disperse the crowd after it got violent and started stone pelting as tension escalated during a second survey of the Mughal-era mosque, claimed to be originally the site of an ancient Hindu temple. At least ten people were detained following the violent clash.

The local administration said that a second survey, led by an “Advocate Commissioner” as part of a court-mandated examination of the disputed area, commenced around 7 AM, attracting a gathering crowd.

Yadav made the statement a day after the results of the UP bypolls, where the Samajwadi Party secured only two seats, while the BJP and its ally, the RLD, won seven, including the Kundarki seat, which has a significant Muslim population.

“A serious incident took place in Sambhal, where a survey team was intentionally sent in the morning to disrupt election discussions. Their goal was to create chaos and prevent any debate on election-related issues,” Yadav claimed.

He said that several individuals were injured in the Sambhal violence, with one fatality, and questioned the need for a new survey conducted without proper preparation, especially when a previous survey had already been completed.

The Samajwadi Party chief said, “I won’t delve into legalities, but the other side wasn’t given a fair hearing. This was clearly designed to incite emotions and distract from conversations about electoral fraud.”

Yadav asserted that the events in Sambhal were a deliberate act by the BJP to divert attention from the alleged electoral irregularities. “In a true democracy, victory should come from the people, not the system. The kind of democracy the BJP is establishing ensures that the system prevails over the voters,” he stated.

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

He charged that on election day, the police and administration removed nearly all of the Samajwadi Party’s booth agents and many supporters eager to vote. “If voters were shut out, who actually cast the votes? If our party’s votes didn’t reach those booths and our candidate received no support, then who voted there? This is a serious concern,” he said.

Yadav also pointed out discrepancies with polling slips, alleging the presence of both red-marked and regular slips, which he claimed led to discriminatory practices on voting day. Haji Rizwan, the Samajwadi Party candidate for Kundarki, echoed the same claims, stating that his supporters faced barriers to voting. BJP’s Ramveer Singh won the Kundarki bypoll by a notable margin of over 145,000 votes.

Yadav said that a victory gained through deceit is nothing but an illusion that ultimately burdens those who orchestrated it. “This entire act has been staged by the BJP. Such a victory only morally weakens those who achieve it and dulls their conscience,” he said.

He questioned how one can uphold democracy when the government and administration themselves engage in oppression. “This dishonesty is not a new phenomenon. Election rigging has become their standard operating procedure, and the evidence has been captured on camera. Even an MLA faced humiliation,” the former chief minister alleged.

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Former CJI Chandrachud removed fear of law from political defectors, claims Shiv Sena (UBT) leader Sanjay Raut

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

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Shiv Sena (UBT) leader Sanjay Raut on Sunday criticised former Chief Justice of India D Y Chandrachud, accusing him of undermining the rule of law for politicians who switched parties in Maharashtra.

This statement from Raut follows his party’s disappointing performance in the recent state Assembly elections, where they secured only 20 out of the 95 seats contested within the Maha Vikas Aghadi (MVA) alliance. The results for the alliance’s partners were similarly poor, with Congress winning 16 of 101 seats and the NCP (SP) claiming just 10 of the 86 seats they contested for.

Raut asserted that by failing to rule on the disqualification petitions, Chandrachud enabled defections to occur freely.

Speaking to reporters, Raut said: “Chandrachud has eradicated the fear of the law among defectors. His actions will be remembered negatively in history.”

After the split of the Shiv Sena in 2022, the faction led by Uddhav Thackeray filed petitions in the Supreme Court seeking the disqualification of MLAs who defected to join Eknath Shinde. The Supreme Court subsequently assigned the responsibility to the Assembly Speaker, who earlier this year ruled that the Shinde-led faction represented the real political party.

Raut said the result of the Maharashtra Assembly election 2024 could have been different if Chandrachud had not delayed the decisions regarding disqualification petitions.

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

“The choice of Maharashtra’s Chief Minister will be dictated by the Gujarat lobby. Perhaps the swearing-in ceremony should take place in Gujarat instead of Maharashtra,” he said. Additionally, Raut credited the Rashtriya Swayamsevak Sangh (RSS) for their role in the success of the Mahayuti coalition, alleging that their aggressive campaigning techniques significantly influenced the election results.

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At all-party meet, Congress demands discussion on Adani, Manipur in Parliament winter session

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

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In the customary all-party meeting convened by the government ahead of the winter session of Parliament on Sunday, the Congress demanded that the BJP-led central government discuss allegations against the Adani Group and the Manipur violence.

Congress leader Pramod Tiwari said that his party demanded discussions on issues such as the Adani Group bribery allegations, the Manipur crisis, pollution, and train accidents in the parliamentary session, which is starting on Monday.

Union Minister of Parliamentary Affairs Kiren Rijiju announced during a press conference that an all-party meeting was held to discuss the upcoming winter session of Parliament. A total of 42 political representatives were present, consisting of 30 party leaders and party floor leaders, each contributing their suggestions, he added.

Rijiju stated that these suggestions would be reviewed with the business advisory committee and the Speakers of both Houses to determine which issues would be addressed in the Lok Sabha and Rajya Sabha. He emphasised the desire for constructive and peaceful discussions in both Houses.

Speaking to the media after the meeting, Congress leader Gaurav Gogoi highlighted several key issues raised by the Congress and the INDIA alliance during the meeting. He pointed out that a significant concern was the financial sector scam recently highlighted by the US government, urging the BJP-led NDA government to provide clear answers regarding the matter.

Regarding the issues discussed, AAP leader Sanjay Singh noted that corruption related to the Adani group was damaging India’s global reputation and warranted further discussions.

He also mentioned the ongoing violence in Manipur, which has persisted for a year and a half without government intervention. Additionally, Singh said he raised concerns about irregularities during the Uttar Pradesh bypolls, where voters faced intimidation, questioning the integrity of the electoral process.

Singh expressed skepticism about the government’s claim to implement the Waqf Bill without awaiting the Joint Parliamentary Committee’s report.

SAD leader Harsimrat Kaur Badal said she brought to attention several issues concerning farmers, stating that they are being exploited by a central government, receiving less than the minimum support price (MSP) for their crops.

She noted that a significant percentage of DAP fertiliser supplied by the Centre is reportedly fake, and highlighted concerns regarding land transfers to Haryana in Chandigarh, which violate the Punjab Reorganization Act.

In the meeting, Badal also criticised the forced acquisition of farmland for the Bharatmala Expressway and suggested that there may be a collaborative effort between the Centre and the Opposition to stall House proceedings, emphasising that the responsibility to manage the House lies with the government.

The Congress party, which is the largest Opposition party in the House, is expected to prioritise discussions on the situation in the Northeast, the ongoing border tensions at the Line of Actual Control, and allegations surrounding businessman Gautam Adani.

The government has prepared 16 bills for consideration, including the Waqf Amendment Bill, which is under review by the Joint Parliamentary Committee.

Moreover, there may be discussions regarding the contentious ‘One Nation, One Election’ proposal, which Prime Minister Narendra Modi has supported as a means to optimise resources and enhance democracy, although it has faced opposition from Congress.

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

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