SC Slams Open Sale of Firecrackers in Delhi Markets Despite Ban
The Supreme Court expresses concern over the open sale of unauthorized firecrackers in Delhi markets, defying strict restrictions.
The Supreme Court has expressed serious concern over the alleged blatant violation of its restrictions on firecrackers in Delhi markets. This comes after the court took note of a newspaper report claiming that various types of firecrackers are being sold openly, completely ignoring the judiciary's directives aimed at controlling pollution during the festive season.
Court Takes Note of Market Violations
A bench comprising Justices MM Sundresh and Prasanna B Varale highlighted a specific report that included photographic evidence of firecracker shops operating in defiance of recent orders. The court pointed out that despite the restrictions put in place just a day prior, markets were reportedly flooded with stock.
Justice Sundresh specifically addressed Additional Solicitor General Aishwarya Bhati, urging her to investigate these violations. The bench noted that the report detailed the availability of both licensed and unlicensed crackers, some of which lacked the mandatory QR codes required for verification.
The Strict Guidelines for Green Crackers
The controversy arises amidst a very narrow window of relaxation granted by the apex court. On November 2, the Supreme Court permitted the manufacture, sale, and bursting of certified "green firecrackers" in the Delhi-NCR region for a limited period before Diwali. However, it was clearly mandated that a complete ban on all firecrackers would be restored from November 9, 2026.
The court had laid out a precise schedule for the limited use of approved green crackers:
- Sale Period: Approved green crackers are allowed to be sold from November 4 to 6.
- Bursting Windows: Bursting is permitted only between 6 am and 7 am, and between 8 pm and 10 pm on November 7 and 8.
Zero Tolerance 'No-Cracker Zones'
To protect vulnerable populations, the court ordered that no firecrackers of any kind be permitted within 300 metres of specific sensitive areas. These designated ‘No-Cracker Zones’ include:
- Hospitals and healthcare centres
- Old-age homes
- Educational institutions
- Notified silence zones
Stringent Safeguards and Certification
The Supreme Court emphasized that the relaxation for green crackers is subject to rigorous safeguards to prevent conventional or unauthorized crackers from entering the market under a false label. The court mandated the following requirements for manufacturers:
Certification and Licensing
Manufacturers must hold a valid PESO licence and CSIR-NEERI certification. They are only permitted to produce green crackers that are officially uploaded on the CSIR-NEERI website between November 2 and 6.
The QR Code Mandate
To ensure authenticity, every box of firecrackers must be sealed and feature a product- and batch-specific QR code. This code must disclose critical details, including:
- Manufacturer information
- NEERI registration
- PESO/DM licence
- Chemical formulation and test certificates
The court warned that these QR codes must be non-transferable. Any attempt to sell or transfer these codes would lead to the immediate cancellation of the manufacturer's registration or licence.
Prohibited Items
The apex court has maintained a strict prohibition on specific types of fireworks. The manufacture and sale of 'ladis' (firecrackers joined in series) and any crackers containing barium or those not approved by CSIR-NEERI remain strictly forbidden.