New Delhi, 22 September 2022: BJP MP Manoj Tiwari has filed a petition with the Supreme Court challenging the Delhi government’s ban on the manufacture, storage, sale, and use of all sorts of firecrackers.
Tiwari has asked the Delhi government to adopt new regulations on the sale, purchase, and bursting of legal firecrackers, arguing that freedom of religion cannot be restricted under the pretext of a person’s right to life.
The BJP MP further requested that all states refrain from adopting coercive measures, such as filing FIRs against regular citizens who are caught selling or consuming legal firecrackers during the approaching holiday season, in a petition submitted through attorney Ashwani Kumar Dubey.
The SC had stated that it is regrettable that despite its directives, flagrant violations were occurring and warned that top officials at all levels “would be held personally accountable” for any shortcomings.
According to MP Tiwari, various state governments and high courts issued rulings in 2021 that prohibited the use of firecrackers in all circumstances, going against the position set by the Apex court.
“Despite this Court’s rejection to impose a general prohibition, there were so many conflicting orders, directives, and points of view that it was difficult for the general public to comprehend whether firecrackers were permitted or not,” the plea stated.
The plea further argued that “freedom of religion cannot be taken away in the name of the Right to life and that a balance has to be established, as has been done through the decision of this Court dated October 29, 2021.”
In spite of the top court’s unambiguous instructions, the petition claimed that several states and UTs failed to take the necessary measures to ensure that sufficient preparations for Deepawali celebrations were made, instead of filing FIRs and enforcing curfews.
The plea also stated that arrests and FIRs during a holiday like Deepawali “have not only given a very poor message to the public at large but has unnecessarily caused a dread and fury among the masses.”
