Plea for ban on bursting of firecrackers on Diwali was refused categorically by the Supreme Court, saying it might be dangerous to breach into the right of common man to enjoy his religious festivities. The judgment came as a refusal to plea made earlier by three toddlers against air pollution caused by crackers during the festival.
Chief Justice H.L. Dattu led Bench said, "the court cannot stop people from bursting crackers in front of their homes."
It was observed by the Chief Justice that, "If we try to stop, he will say it is my right. Such a ban will lead to a dangerous situation. Chaos."
The arguments made by senior advocate Abhishek Manu Singhvi were dismissed by the court. Singhvi argued for the prescription of a time limit as well as designation of public spaces for people to burst crackers. The Chief Justice said, "Sorry. We cannot tell everybody to go to some Nehru maidan and burst crackers."
However, the Centre was pulled up by the bench for not widely publishing advertisements in the media to warn health hazards and to follow regulations related to noise pollution. The court’s 2005 order was further reiterated, which prescribed the time limit for avoiding disturbance that could be caused to the public during ‘night time’, which court defined as the hours between 10 p.m. and 6 a.m.