NEW DELHI: The Supreme Court on Monday reprimanded the Delhi police, saying that the police had not taken the apex court's order imposing a ban on the sale of firecrackers seriously, and reiterated that the right to live pollution-free is a fundamental right.
The court dismissed the police's efforts as insufficient, noting that they had only managed to confiscate raw materials.
A bench of Justices Abhay S Oka and Augustine George Masih directed the police commissioner to establish a specialised cell to enforce the ban on firecrackers in the National Capital Region (NCR).
Also read: Air quality remains in 'very poor' category across several areas
"We direct Delhi police commissioner to form a special cell to ensure effective implementation of the ban on fire crackers. We direct Delhi police commissioner to file a personal affidavit putting on record the steps taken by them to enforce ban," the bench said.
The top court said that it believes that no religion advocates for activities that contribute to pollution or compromise public health.
Also read: How was cracker ban flouted? Supreme Court notice to Delhi government, police
"The right to live in a pollution-free atmosphere is a fundamental right under Article 21 of the Constitution. Prima facie, we are of the view that no religion promotes any activity that promotes pollution or compromises with health of the people," the apex court said.
The apex also directed the Delhi government to take a decision on the perpetual ban of firecrackers by November 25.
Delhi grapples with pollution
The court’s decision follows reports indicating that pollution levels in Delhi reached record highs this Diwali, exceeding levels from previous years. The Delhi Pollution Control Committee (DPCC) had already issued an order banning the manufacture, storage, sale, and use of firecrackers until January 1, 2025, tasking the Delhi Police with enforcing this restriction.
During earlier hearings, the top court had expressed its frustration with the lack of coordination among the Centre, the Commission for Air Quality Management (CAQM), and state governments, notably Punjab and Haryana, in addressing stubble burning. The court noted that the CAQM’s response was largely “eyewash” and lacked concrete action, with minimal penalties imposed on violators.
Also read: Delhi has become toxic gas chamber ever since AAP formed govt: BJP's Shehzad Poonawalla
In recent weeks, Delhi has been struggling with dangerously high levels of air pollution.
On Monday morning, Delhi's air quality remained in the 'very poor' category, with an overall AQI of 349, according to SAFAR-India data. Hospitals across the city reported a surge in respiratory cases, including people without prior breathing issues. Thick smog blanketed the city, and toxic foam was visible on the Yamuna River at Kalindi Kunj. AQI readings were notably high in several areas, with figures ranging from 206 at Sri Aurobindo Marg to 385 at Anand Vihar. Doctors warned that the pollution is severely impacting public health, especially among children and the elderly.
The court dismissed the police's efforts as insufficient, noting that they had only managed to confiscate raw materials.
A bench of Justices Abhay S Oka and Augustine George Masih directed the police commissioner to establish a specialised cell to enforce the ban on firecrackers in the National Capital Region (NCR).
Also read: Air quality remains in 'very poor' category across several areas
"We direct Delhi police commissioner to form a special cell to ensure effective implementation of the ban on fire crackers. We direct Delhi police commissioner to file a personal affidavit putting on record the steps taken by them to enforce ban," the bench said.
The top court said that it believes that no religion advocates for activities that contribute to pollution or compromise public health.
Also read: How was cracker ban flouted? Supreme Court notice to Delhi government, police
"The right to live in a pollution-free atmosphere is a fundamental right under Article 21 of the Constitution. Prima facie, we are of the view that no religion promotes any activity that promotes pollution or compromises with health of the people," the apex court said.
The apex also directed the Delhi government to take a decision on the perpetual ban of firecrackers by November 25.
Delhi grapples with pollution
The court’s decision follows reports indicating that pollution levels in Delhi reached record highs this Diwali, exceeding levels from previous years. The Delhi Pollution Control Committee (DPCC) had already issued an order banning the manufacture, storage, sale, and use of firecrackers until January 1, 2025, tasking the Delhi Police with enforcing this restriction.
During earlier hearings, the top court had expressed its frustration with the lack of coordination among the Centre, the Commission for Air Quality Management (CAQM), and state governments, notably Punjab and Haryana, in addressing stubble burning. The court noted that the CAQM’s response was largely “eyewash” and lacked concrete action, with minimal penalties imposed on violators.
Also read: Delhi has become toxic gas chamber ever since AAP formed govt: BJP's Shehzad Poonawalla
In recent weeks, Delhi has been struggling with dangerously high levels of air pollution.
On Monday morning, Delhi's air quality remained in the 'very poor' category, with an overall AQI of 349, according to SAFAR-India data. Hospitals across the city reported a surge in respiratory cases, including people without prior breathing issues. Thick smog blanketed the city, and toxic foam was visible on the Yamuna River at Kalindi Kunj. AQI readings were notably high in several areas, with figures ranging from 206 at Sri Aurobindo Marg to 385 at Anand Vihar. Doctors warned that the pollution is severely impacting public health, especially among children and the elderly.
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