NEW DELHI: A plea has been filed in Delhi high court seeking to modify the Delhi government's decision on completely banning the storage, sale and use of firecrackers in the national capital during the festival of Diwali.
The petition filed by Rahul Sawariya and Tanveer, through advocates Gautam Jha, Pankaj Kumar and Shweta Jha, also sought direction from the respondent to consider 'graded regulations' instead of a complete ban on firecrackers during the festival.
According to the petition, the decision to ban all forms of firecrackers prior to about 1.5 months of Diwali is 'arbitrary and unreasonable'.
The petitioner claimed that the decision is also excessive.
"The action of the respondent must be no more intrusive than is necessary to meet an important public purpose. No doubt Article 25 of the Indian Constitution is subject to Article 21 and it is not contested by the petitioners, however, it is submitted by the petitioners that the extent of the interference of the respondent by its decision/order is not proportionate to the ultimate aim and objective i.e to curb pollution in the National Capital Territory (NCT) of Delhi," read the petition.
According to the petition, the National Clean Air Programme, under the Ministry of Environment, Forest and Climate Change, presented a report on the issue of air pollution and the findings.
The petitioner said that data presented in the report demonstrates that the bursting of firecrackers is not among the major sources of pollution in Delhi and the NCR.
"It is certainly not the case of the petitioners that all categories of firecrackers are good, but petitioners are aggrieved by 'complete ban' on the storage, sale and use of the firecrackers, since neither government data, nor the Judgments on this subject advocate a complete ban, which makes the decision of the government of NCT Delhi as arbitrary, unreasonable and excessive," the petitioner said.
