Category Archives: Bare Acts

What The Supreme Court of India Said On Banning Sale of Firecrackers in Delhi/NCR Region

Highlights of the Supreme Court judgement:

  • …bursting 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…
  • …we have the direct evidence of deterioration15
    of air quality at alarming levels, which happens every year. As already pointed out above, 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…
  • …Insofar as adverse effects of burning of crackers during Diwali are concerned, those have been witnessed year after year. The air quality deteriorates abysmally and alarmingly and the city chokes thereby. It leads to closing the schools and the authorities are compelled to take various measures on emergent basis, when faced
    with “health emergency” situation. This very situation had occurred on the very next morning after Diwali in the year 2016. It resulted in passing the order dated November 11, 2016. This order prevailed
    during the year but the impact and effect of this order remains to be tested on Diwali days…
  • …Further orders in this behalf can be passed on assessing the situation that would emerge after this Diwali season…

Full Text of the judgement:

This is the full text of the Judgement of the Supreme Court of India on banning firecrackers and fireworks sale in the Delhi / NCR Region.

32461_2015_Judgement_09-Oct-2017

25. Suspension of License

25. Suspension of License

(1) The Controller may, if he is satisfied after making such inquiry, as he may think fit, that a Certifying Authority has –

(a) made a statement in, or in relation to, the application for the issue or renewal of the license, which is incorrect or false in material particulars;

(b) failed to comply with the terms and conditions subject to which the license was granted;

*(c) failed to maintain the standards specified in Section 30 [*Substituted for the words “under clause (b) of sub-section (2) of section 20;” vide amendment dated September 19, 2002]
(d) contravened any provisions of this Act, rule, regulation or order made there under, revoke the license:

Provided that no license shall be revoked unless the Certifying Authority has been given a reasonable opportunity of showing cause against the proposed revocation.
(2) The Controller may, if he has reasonable cause to believe that there is any ground for revoking a license under sub-section (1), by order suspend such license pending the completion of any enquiry ordered by him:
Provided that no license shall be suspended for a period exceeding ten days unless the Certifying Authority has been given a reasonable opportunity of showing cause against the proposed suspension.

(3) No Certifying Authority whose license has been suspended shall issue any Electronic Signature Certificate during such suspension.

24. Procedure for grant or rejection of license

24. Procedure for grant or rejection of license

The Controller may, on receipt of an application under sub-section (1) of section 21, after considering the documents accompanying the application and such other factors, as he deems fit, grant the license or reject the application:

Provided that no application shall be rejected under this section unless the applicant has been given a reasonable opportunity of presenting his case.

22. Application for license

22. Application for license

(1) Every application for issue of a license shall be in such form as may be prescribed by the Central Government.

(2) Every application for issue of a license shall be accompanied by-

(a) a certification practice statement;

(b) a statement including the procedures with respect to identification of the applicant;

(c) payment of such fees, not exceeding twenty-five thousand rupees as may be prescribed by the Central Government;

(d) such other documents, as may be prescribed by the Central Government.