Delhi: HC Allows Withdrawal of Plea Challenging Total Ban on Firecrackers

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The Delhi High Court on Monday, 1 November, "dismissed as withdrawn" a plea challenging Delhi Pollution Control Committee's decision of a complete ban on storage and sale of any kind of firecrackers within the national capital during Diwali.

A single bench of Justice Sanjeev Sachdeva "dismissed as withdrawn" the petition filed by Jai Kishan Fireworks, among 50 licensed traders, seeking permission to sell green firecrackers in the Delhi-NCR region.

It also denied permission to traders to sell firecrackers within Delhi to people coming from outside the capital city, one of the prayers raised by the traders.

In the plea filed through Advocate Rohini Musa, the traders alleged that the Pollution Control Committee and the Petroleum Explosives Safety Organisation were passing an "arbitrary" and "unreasonable" order through the complete firecrackers ban.

She also said that the Supreme Court has not imposed a blanket ban on the sale of firecrackers. The petitioners submitted that the orders are in complete violation of their fundamental rights guaranteed under Articles 19( 1 )(g) and 14 of the Constitution of India.

The plea sought to quash the order passed by the Respondent DPC dated 28 September by which the storage, sale, and use of firecrackers has been completely banned in the state of NCT Delhi and quashing the order passed by the Respondent No. 3 Petroleum Explosives Safety Organisation dated 21 October suspending the licenses of the petitioners.

They also sought an appropriate writ, order, or direction, quashing the order passed by the Respondent Joint Commissioner of Police: Licensing: Delhi, dated 21 October, restraining the petitioners from storing and selling firecrackers.