SC declines to expand 8-hour night-time ban on bursting crackers during Diwali

New Delhi: The Supreme Court on Wednesday refused to expand the eight-hour night-time ban period on bursting of crackers and voiced unhappiness over government's failure to run a campaign to create public awareness during Diwali time on the ill-effects of fireworks.

Refusing to modify its direction in 2001 banning bursting of crackers between 2200 hours and 0600 hours, a bench comprising Chief Justice H L Dattu and Justice Arun Mishra asked the Centre to "give wide publicity both in print and electronic media to the ill effects of fireworks" almost on daily basis from October 31 to November 12.

"If anyone wants to burst crackers outside his house, then we cannot say no. It will be dangerous to do so and people will say it is their right," the bench said.

Declining to pass interim order at the initial stage, the bench said, "We cannot say so unless we have a regular hearing...At this moment, we cannot say that all persons should go to a 'maidan' for bursting crackers."

Senior advocate A M Singhvi, appearing for the minor boys who have approached the court against exploding of loud fire crackers, however, sought tweaking of the 2001 direction and said that there must be a restriction window limiting the cracker bursting time between 7 PM and 9 PM and regulation of licences to check hazardous fireworks.

"It is already there in the (2001) judgement," the bench said. The apex court had banned bursting of crackers between 2200 and 0600 hours.

Singhvi, however, was arguing that the 2001 direction related to noise pollution only and can be modified to bring down air pollution.

During the hearing, the bench expressed unhappiness over non-publication of government advertisements on creating anti-cracker awareness among the people.

"You should have done it on October 16 itself. It should be published continuously. This is not done," the bench said during hearing on the issue.

Solicitor General Ranjit Kumar assured the court that advertisements will be given in print and electronic media from October 31 to November 12 in pursuance of the direction.