ARJUN GOPAL AND OTHERS versus UNION OF INDIA AND OTHERS

Citation: [2017] 10 S.C.R. 86 · Decided: 09-10-2017 · Supreme Court of India · Bench: A.K. SIKRI
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Judgment (excerpt)

A 
B 
[2017] 10 S.C.R. 86 
ARJUN GOPAL AND OTHERS 
v. 
UNION OF INDIA AND OTHERS 
(I. A. No. 92862 of2017) 
IN 
(Writ Petition (Civil) No. 728 of2015) 
OCTOBER 09, 2017 
[A. K. SIKRI, ABHAY MANOHAR SAPRE AND 
C 
ASHOK BHUSHAN, JJ.] 
Pollution: Air pollution - Bursting of crackers/fireworks in 
Delhi and NCR - Suspension of permanent licenses of licence 
holders of.fireworks/fire crackers by order dated Il. ll.2016 - Said 
order lifted for the time being alongwith other directions by order 
D dated 12.09.2017 - Interim applications wherein petitioners seeking 
restoration of the order of complete suspension of licences and on 
the other hand the manufacturers, traders and licence holders of 
the fireworks/fire crackers seeking that the rel<uation given in the 
impugned order to be further liberalised - Held: Order suspending 
the licences to be given one chance to test itself in order to find out 
E as to whether there would be positive effect of this suspension, 
particularly during Diwali period - Effect of the order dated 
12.09.2017 would not be given during this Diwali, thus, it is made 
effective only from 0I.ll.2017 - Temporary licences issued by police 
are suspended so that there is no further sale of the crackers in 
F 
Delhi and NCR - Further orders to be passed 011 assessing the 
situation that would emerge after this Diwali season. 
Disposing of the applications, the Court 
HELD: 1.1 The judgment dated September 12, 2017 
accepted the problem of air pollution. It mentioned that bursting 
G of fire crackers is not the only cause for alarming air pollution in 
Delhi and NCR, but it is also acknowledged that it is one of the 
major causes. It is also recorded in the judgment that on bursting 
of these crackers during Diwali in 2016, the air quality had sharply 
deteriorated. Notwithstanding the same, the Court deemed it 
H proper to adopt graded approach in reducing and gradually 
86 
ARJUN GOPAL AND OTHERS v. UNION OF INDIA AND 
87 
OTHERS 
eliminating of air pollution in Delhi and in NCR caused by bursting A 
of fire crackers. Because of this reason, rigours of order dated 
November 11, 2016 are relaxed to the extent indicated in the 
said order. In such a scenario, question of further relaxation, as 
pleaded by the manufacturers and licence holders does not arise. 
The studies indicate the air quality standards in Delhi and NCR B 
which generally prevail throughout the year. It cannot be denied 
that there are various other factors which contribute to the air 
pollution in Delhi and NCR. There is a need to tackle those factors 
as well. However, what is the immediate impact of use of fireworks 
and fire crackers bursting during Diwali is an altogether different 
aspect. To this effect, nothing relevant is produced. On the C 
contrary, there is direct evidence of deterioration of air quality at 
alarming levels, which happens every year. Burning of these fire 
crackers during Diwali in 2016 had shot up pm levels by three 
times, making Delhi the worst city in the world, insofar as air 
pollution is concerned. Direct and immediate cause thereof was 
D 
burning of crackers during Diwali. Every year before Diwali there 
are attempts on the part of the Government (Ministry of 
Environment, Government of India as well as Delhi Government), 
Media, NGOs and various other groups to create awareness in 
the general public about the ill-effects of bursting of these 
crackers. Campaigns are held in the schools wherein children E 
are discouraged to have fireworks. Thus, there is virtually a 
consensus in the society that crackers should not be burnt during 
Diwali, which can be celebrated with equal fervour by various 
other means as well. Irony is that when causes are brought in the 
Court, there is resistance from certain quarters. It cannot be 
F 
denied that there are adequate statutory provisions, aid whereof 
can be taken to ban the sale of these crackers. It is one of the 
functions of the Judges, in a democracy, to bridge the gap between 
law and the society. Here, fortunately, there is no such gap and 
the Court is only become facilitator in invoking the law to fulfill 
the need of the society [Para 10] [99-B-H; 100-A-D] 
G 
1.2 In the judgment dated September 12, 2017 the Court 
has chosen to adopt graded approach. However, at that time it 
was not within the knowledge of the petitioners as well as the 
Court that the CPCB had taken a stand, nearly 20 year;, ago, that 
Sulphur in fireworks should not be pe
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