The Supreme Court on Monday had sharp words for Delhi Police and demanded "immediate action" to stop the sale and bursting of firecrackers in the city - an annual activity that defies an existing ban - even days after Diwali, observing sharply that "no religion encourages pollution".
"No religion encourages any activity which creates pollution. If firecrackers are burst in this fashion... it also affects fundamental right to health of the citizens," a bench of Justice Abhay S Oka and Justice Augustine George Masih, hearing a case on Delhi's yearly air quality crisis, said.
The court also demanded the Delhi government take a decision on a permanent ban on firecrackers - the chemical residue of which blankets the city in cloud of toxic smog that smothers residents and severely endangers their health - in the city by November 25.
Today's hearing follows last week's reprimand for the Delhi government and police, each of which was issued a notice to explain to the court why they had failed to implement and enforce the ban on firecrackers, which is announced before Diwali every year and has little or no effect.
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In response, today the Delhi Police chief filed an affidavit explaining steps taken but the court - which earlier pointed out it appears quite obvious the ban had, so far, failed to work - was unimpressed.
"There are widespread news reports the ban on firecrackers (in Delhi NCR) was not implemented at all..." the court said last week. Today it said, "After October 14 did the police go and stop sale of firecrackers?" the court asked today, to which the police said "yes" but was shot down.
"This is all eyewash..." the court said.
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The police also complained the late notification of the ban had not helped but, again, the court was disinclined to offer sympathy, noting, "... we find that implementation of the order was not taken seriously by the police and there is nothing in the affidavit to show ban order was communicated to manufacturers and stores making and selling firecrackers (in Delhi)."
"We direct the Commissioner of Police to immediately take action and inform all concerned about the ban... to ensure, during the ban, no manufacturers stores or sells firecrackers."
The Delhi government did not escape the court's attention, as it was asked why it had delayed announcing the ban on firecrackers. "It is quite possible that by that time (the ban was promulgated) people who burst firecrackers during ban acquired a stock of firecrackers.
On the Monday after Diwali (which was on November 31) the air quality index, or AQI, in Delhi plummeted across the city to the 'severe' category. The AQI reading fell past the 400-mark (on a scale of 500) in many neighbourhoods, including Anand Vihar, Rohini, Ashok Vihar, and Vivek Vihar.
PM2.5 are fine inhalable particles with a diameter generally 2.5 micrometres or less and are hazardous for health. The acceptable annual standard is 40 micrograms per cubic metre.
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On Monday morning, at 6am, Delhi recorded 410 Air Quality Index (AQI), falling under the 'severe' category.
Delhi's air quality deteriorated on Sunday with the 24-hour average Air Quality Index (AQI) reaching the 'severe' category at 409 at 4 pm, Central Pollution Control Board (CPCB) data showed.
The Bombay High Court on Friday said pollution-free environment was a constitutional right, and pulled up the Maharashtra government and other authorities for their failure to tackle the issue of air pollution.
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While some may argue that people in Delhi are now more aware of air pollution than they were a decade back, my rebuttal would be that awareness does not mean that people are concerned.
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