SC Dismisses Manoj Tiwari’s petition Challenging prohibition on fireworks

New Delhi, 20 October 2022: Supreme Court on Thursday rejected a plea by BJP leader Manoj Tiwari for an immediate hearing against complete ban on fireworks in Delhi.

The court led by Justice M.R. Shah said that there were alternative ways to celebrate, and let people breathe clean air. “Spend your money on sweets,” the bench said.

In defense of Tiwari, attorney Shashank Shekhar Jha argued that stubble burning is also contributing to an increase in pollution. The bench, however, stated that it would take the case up later.

According to Tiwari, the petition was submitted to defend the rights of the general population who are facing harassment for participating in Diwali celebrations, one of the most significant Hindu holidays.

It was argued that this harassment will violate people’s right to freedom of expression, employment, and life (as guaranteed by Articles 19 and 21 of the Constitution), as well as their right to free profession, practice, and the spread of religion.

In the petition, it was requested that all respondents create new rules on the purchase, sale, and use of legal firecrackers.

The plea, which had named all state governments and union territories as respondents in the case, claimed that despite the clear order of this court declining to ban all firecrackers, various respondents had placed a blanket ban on the storage, sale, and use of all types of fireworks in 2021 and had subsequently taken coercive action against the buyer, purchaser, and users of the same.

It claimed that, till January 1, 2023, the Delhi government has imposed a complete ban on the usage, sale, and storage of all kinds of firecrackers in Delhi.