The Supreme Court on Monday questioned the authorities, including the Delhi Police, for their failure to implement the ban on firecrackers in Delhi during Diwali and stated that “No religion encourages any activity which creates pollution”.

A Bench of Justices Abhay S Oka and Augustine George Masih said the right to live in a pollution free environment is a fundamental right of every citizen under Article 21 of the Constitution of India, Live Law reported.

“Prima facie we are of the view that no religion promotes any activity which promotes pollution or compromises with health of people,” the Court said.

The top court also expressed a strong dissatisfaction with the Delhi Police for failing to enforce the firecracker ban, calling their actions a “mere eyewash” by seizing only raw materials.

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It also directed the Delhi Police Commissioner to establish a special cell for enforcement and urged the Delhi government to decide by November 25 on implementing a permanent firecracker ban, Indian Express reported.

The Bench was hearing the case concerning pollution in Delhi and specifically examining the action taken by authorities across Punjab, Haryana and Uttar Pradesh to curb stubble burning incidents.

The top court had during the last hearing asked Delhi government and Delhi Police on how the ban on firecrackers to curb pollution was flouted during Diwali celebrations in the national capital. Pertinently, it had asked the Delhi government to consider implementing a perpetual firecracker ban.

In response, the Delhi government today said the Court’s instruction for perpetual ban will be considered after consultation with various stakeholders.

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The Court then asked about the stakeholders to be consulted and said a decision must be taken before the new year, Bar and Bench reported. Meanwhile, the Court also asked other neighboring states to inform it about the steps taken by them to ensure pollution remains at minimal in their areas.

The air quality in the national capital remained in the ‘very poor’ category on Monday with heavy smog enveloping parts of the city. The Central Pollution Control Board (CPCB) recorded an average Air Quality Index (AQI) of 349 at 9 am this morning. Bawana and Jahangirpuri reported ‘severe’ AQI levels of 401 and 412 respectively.

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