{"id":26646,"date":"2017-09-12T16:38:39","date_gmt":"2017-09-12T11:08:39","guid":{"rendered":"https:\/\/apnlive.com\/?p=26646"},"modified":"2017-09-12T16:42:34","modified_gmt":"2017-09-12T11:12:34","slug":"sc-modifies-judgement-on-firecracker-ban-lays-down-16-guidelines","status":"publish","type":"post","link":"https:\/\/apnlive.com\/india-news\/sc-modifies-judgement-on-firecracker-ban-lays-down-16-guidelines\/","title":{"rendered":"SC modifies judgement on firecracker ban, lays down 16 guidelines"},"content":{"rendered":"

[vc_row][vc_column][vc_column_text]Delhi Police told to reduce grant of temporary licences by about 50 percent against those given out in 2016, number of temporary licences to be capped at 500<\/em><\/p>\n

The Supreme Court<\/a> bench of Justices Madan B Lokur and Deepak Gupta,\u00a0on Tuesday\u00a0(September 12), clarified that there is no blanket ban on firecrackers in Delhi and the National Capital Region (NCR)<\/a>. The court laid down 16 directions on the use of firecrackers.<\/p>\n

Reacting to a PIL the top court had banned firecrackers due to heavy pollution caused by the fireworks in the Delhi NCR region. The court had, earlier, directed the Central Government to suspend all such licenses that permit sale of fireworks, both wholesale and retail, within NCR. It had said that the suspension \u201cshall remain in force till further orders of this Court.\u201d<\/p>\n

The apex court had also directed the Central Pollution Control Board (CPCB) to study and prepare a report on the harmful effects of the materials which are currently being used in the manufacture of fireworks.<\/p>\n

However, the court has now released the following set of guidelines that are to be followed by the Centre and State as far as sale and use of firecrackers within the NCR is concerned:<\/p>\n

(1) The directions issued by this Court in Sadar Bazar Fire Works (Pucca Shop) Association shall stand partially modified to the extent that\u00a0 they are not in conformity with the Explosives Rules which shall be implemented in full by the concerned authorities.\u00a0 Safety from fire hazards is one of our concerns in this regard.<\/p>\n

(2) Specifically, Rule 15 relating to marking on explosives and packages and Rule 84 relating to temporary shops for possession and sale of fireworks during festivals of the Explosives Rules shall be strictly enforced. This should not be construed to mean that the other Rules need not be enforced \u2013 all Rules should be enforced.\u00a0 But if the fireworks do not conform to the requirements of Rules 15 and 84, they cannot be sold in the NCR, including Delhi and this prohibition is absolute.<\/p>\n

(3) The directions issued and restrictions imposed in the order passed by this Court on 18th July, 2005 in Noise Pollution (V) shall continue to be in force.<\/p>\n

(4) The concerned police authorities and the District Magistrates will ensure that fireworks are not burst in silence zones that is, an area at least 100 m from hospitals, nursing homes, primary and district health-care centres, educational institutions, courts, religious places or any other area that may be declared as a silence zone by the concerned authorities.<\/p>\n

(5) The Delhi Police is directed to reduce the grant of temporary licences by about 50 percent of the number of licences granted in 2016. The number of temporary licences should be capped at 500. Similarly, the states in the NCR are restrained from granting more than 50 percent of the number of temporary licences granted in 2016. The area of distribution of the temporary licences is entirely for the authorities to decide.<\/p>\n

(6) The Union of India will ensure strict compliance with the Notification GSR No. 64(E) dated 27th January, 1992 regarding the ban on import of fireworks. The Union of India is at liberty to update and revise this notification in view of the passage of time and further knowledge gained over the last 25 years if necessary.<\/p>\n

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