{"id":204542,"date":"2018-10-30T18:00:48","date_gmt":"2018-10-30T12:30:48","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=204542"},"modified":"2018-11-02T21:55:57","modified_gmt":"2018-11-02T16:25:57","slug":"time-slot-of-bursting-firecrackers-during-diwali-for-southern-states-modified-sc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2018\/10\/30\/time-slot-of-bursting-firecrackers-during-diwali-for-southern-states-modified-sc\/","title":{"rendered":"Time slot of bursting firecrackers during Diwali for \u2018Southern States\u2019 modified; earlier order clarified:SC"},"content":{"rendered":"

Supreme Court: <\/strong>The 2-Judge Bench comprising of A.K. Sikri and Ashok Bhushan, JJ. modified the Arjun Gopal v. Union of India<\/em>, 2018 SCC OnLine SC 2118<\/strong><\/a>, decision by modifying the time span of bursting firecrackers in southern states.<\/p>\n

The Bench vide order dated 30.10.2018 stated that the time mentioned of bursting the firecrackers during \u2018Diwali\u2019 as mentioned in the earlier judgment of this Court was 8.00 p.m till 10.00 p.m which is now to be modified for Tamil Nadu, Puducherry and other \u2018Southern States\u2019 to 2 hours in the entire day.<\/p>\n

The stated two hours slot has to be decided by the state government.<\/p>\n

The Supreme Court vide order dated 31-10-2018 stated:<\/p>\n

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After hearing the counsel for the parties, we are inclined to give following clarifications:<\/p>\n

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  1. (a) \u00a0Henceforth, production of crackers with reduced emission(improved crackers and green crackers) is permitted, as already directed in order dated October 23, 2018. It would also mean that barium salts in the manufacture of firecrackers will not be used.<\/li>\n
  2. (b) \u00a0In direction No. (ii) where sale of crackers other than reduced emission is banned, it is clarified that this sale is banned in Delhi and NCR. Thus, direction No. (viii) would continue to operate. In other areas, the crackers which have already been produced would be allowed to be sold for this Diwali and other festivals and occasions.<\/li>\n
  3. (c) \u00a0Insofar as Direction No. (xiv) is concerned, in respect of Tamil Nadu and Union Territory of Puducherry and other Southern States are concerned, this Court has already modified the said direction vide order dated 30.10.2018. We further clarify that on the occasion of Gurpurab also, fireworks shall be allowed for one hour in the morning i.e. 4:00 a.m. to 5:00 a.m. and one hour in the evening i.e. 9:00 p.m. to 10:00 p.m.<\/li>\n<\/ol>\n<\/div>\n<\/div>\n<\/div>\n
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    (2) It is also clarified that pan India directions pertain to:<\/p>\n

    (a)Community fire cracking. Here, direction is to explore the feasibility of community fire works.<\/p>\n<\/div>\n

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    (b)Duration within which fireworks can take place i.e. for two hours as contained in direction No. (xiv) and modified vide order dated October 30, 2018 as well as this order. This also is applicable throughout India.<\/p>\n

    (c) Direction No. (xiii) which deals with extensive pubic awareness campaign also applies throughout India.<\/p>\n

    (d)In addition, direction regarding production of crackers with reduced emission, restraining e-commerce websites for selling firecrackers, also applies throughout India.<\/p>\n

    (e) Likewise, the aforesaid pan India directions will be enforced by the police authorities and, thus, direction No. (xvi) to police shall also be applicable throughout India.<\/p>\n

    (f) Direction No. (xvii) which is regarding the effect of pollution of all categories is also applicable to all the States.<\/p>\n<\/div>\n<\/div>\n

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    We make it clear that apart from the above, no other modification is carried out in order dated October 23, 2018.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

    Directions given in\u00a0 Supreme Court decision of\u00a0Arjun Gopal v. Union of India<\/em>, 2018 SCC OnLine SC 2118<\/a>:<\/strong><\/p>\n