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Can not sell existing crackers in Delhi-NCR: Supreme Court

Stringent enforcement of court's order would mean that residents of Delhi-NCR cannot burst any crackers for the reason that the green crackers which are permitted by court are yet to be produced.

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Fireworks will be missing from the skyline of Delhi-NCR this Diwali as the Supreme Court on Wednesday refused sale of existing cracker stock in the national capital.

Stringent enforcement of court's order would mean that residents of Delhi-NCR cannot burst any crackers for the reason that the green crackers which are permitted by court are yet to be produced.

Manufacturers and sellers of crackers in Delhi-NCR made a last ditch effort to convince the court that till green crackers gets into production by July 2019, the citizens of Delhi should be allowed to burst the crackers already available in the market.

They argued that prior to the court order banning all except green crackers on October 23, the fireworks which conformed to emission and chemical composition standards set by government had entered the markets. These manufacturers had earlier submitted to the court that the ban on using barium in fireworks would make production of 90 per cent fireworks impractical.

The Petroleum and Explosives Safety Organization (PESO) told a bench of Justices AK Sikri and Ashok Bhushan that ban on barium will affect production of only 50-60 per cent fireworks. Even the petitioner seeking complete ban on crackers, represented by advocate Gopal Shankarnaraynan, submitted that a stern and clear message should go out from the court that no crackers other than green or improved fireworks will be permitted on Diwali and festival days. Only thus, production of these crackers will stop.

The bench clarified that crackers banned in Delhi-NCR will be those emitting high smoke and sound, and which contain barium in it, besides other banned chemicals such as antimony, lithium, mercury, arsenic and lead. This ban will not be on crackers sold in rest of the country for this festival season.

On the time and place of bursting crackers, the Court made a change by applying its direction pan-India. Southern states/UTs like Tamil Nadu, Puducherry will have liberty to burst crackers on festival days for one hour in morning and one hour in evening, the court said with a rider that they must strictly do so in common fields or areas designated by the local administration. In the October 23 order, the Court had restricted community fireworks only to Delhi-NCR making it optional for states. However, the enforcement of Court orders through local police officers and ban on sale of crackers online will be applicable throughout India, the bench added.

Banned Chemicals

The bench clarified that crackers banned in Delhi-NCR will be those emitting high smoke and sound, and which contain barium in it, besides other banned chemicals such as antimony, lithium, mercury, arsenic and lead

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