Our orders were being violated ‘left and right’, Deepavali was a festival of lights before gunpowder, says Supreme Court in firecracker case

A bench of MM Sundresh and PB Varale said that the right to religious freedom is also subject to public health and protection of fundamental rights. Image used for representational purposes. | Photo credit: AP

The Supreme Court on Thursday (Oct 29, 2026) said its orders to restrict and even ban firecrackers during Deepavali year after year have been violated “left and right”.

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A bench of MM Sundresh and PB Varale said that the right to religious freedom is also subject to public health and protection of fundamental rights.

Justice Sundresh said the constant bursting of firecrackers takes a toll on the health of a large section of the population, including children, the elderly, the sick, pregnant women and the specially-abled.

Justice Sundresh recalled that Deepavali is called the “festival of lights”.

“The problem may have started with the gunpowder,” the judge said.

The court was hearing a case of rising pollution as the festival approached amid loud bursts of firecrackers.

“We understand the sentiments of the public. If we think in a logical sense, celebrations boost morale,” Judge Sundresh said.

The court also sympathized with the police officers’ reluctance to register criminal cases against common people who were “enthusiastic” about the celebrations.

Judge Sundresh said the court was not in favor of a total ban.

“This can have a spiraling effect. But having said that, don’t force us to take tough action,” Bench said.

The court asked Additional Solicitor General Aishwarya Bhati for the Center and the Delhi government to ensure enforcement against sellers of fake and banned biscuits who want to extract maximum profit from the seasonal trade.

“Merchants will be driven by supply and demand… Your officers will have to forget their personal celebrations. They must go out and see what is happening on the ground… What are the measures you have taken so far… Show us your enforcement data… Be very serious in carrying out our orders,” the judge said.

The court said that change must come from within the people.

“Our orders are being violated left and right. How many contempt petitions can be filed? Every year we try to balance that… But armed with our orders, the pollution still happens,” Judge Sundresh said.

The court suggested that the government take the help of celebrities like cricketer Virat Kohli to spread awareness against firecrackers.

In October 2025, the Supreme Court allowed the sale and bursting of green firecrackers in Delhi-NCR during Deepavali under conditions aimed at balancing the tradition with environmental and health concerns. At the time, the court made it clear that the use of green cookies would be restricted to specific hours on the day of the festival and its eve.

Senior advocate Gopal Sankaranarayanan for petitioner Arjun Gopal said that if construction could be banned to prevent pollution, crackers could get the same treatment.

The court agreed to issue the orders within days and asked the government to file an affidavit on the precautionary measures taken so far.

Published – 29 Oct 2026 22:52 IST