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New Delhi: Even as the Supreme Court, on Monday, ruled in favour of a ban on sale of firecrackers, it seemed to have left a small loophole in the entire process. While it may not be a raging trend, the apex court seems to have missed out on the online sale of crackers.
Many firecracker companies, like Cock brand for example, have a legitimate website where one can order firecrackers online. The website mentions that the minimum order should be worth Rs 3,000. The Supreme Court had, keeping in mind the air pollution levels in Delhi especially post Diwali, ordered for a blanket ban on sale of firecrackers, not bursting them, effective from November 1.
Websites like cockbrand.in, ayyanonline, buyonlinecrackers.com, crackersindia.com, and even e-bay are selling firecrackers of all sorts across the country. The apex court, however, is silent on that. “Say for example the firecracker business is based out of Bengaluru, and the order is made from Delhi, the seller can reject the order considering the area of purchase falls under the SC order. Likewise, if the firecracker brand is selling its products online from Delhi, it should ideally curb its practices because the SC has banned sale of firecrackers in Delhi-NCR," said advocate Ashish Dixit.
Another aspect that the order seems to be silent on is what happens to all those who bring in firecrackers from other states, say Uttar Pradesh or Haryana. Also, since there is no ban on bursting firecrackers, those who have already stocked up on the crackers would still be going ahead with the festivities, thus throwing into disarray the court’s observation based reducing air pollution.
The Supreme Court on Monday banned the sale of firecrackers in Delhi and the National Capital Region with immediate effect, saying its September 12 order temporarily permitting sale of firecrackers would be effective from November 1.
A two-judge Bench of the Supreme Court headed by Justice AK Sikri said it wanted to test the effect of the ban on the national capital’s notoriously toxic air in view of the upcoming Diwali. "We should see at least in one Diwali the impact of a cracker-free festivity," the bench said. Diwali is on October 19 and the order effectively means that no firecrackers will be available for purchase before the festival.
The court had on September 12 temporarily lifted its order of November 11, 2016, suspending permanent licences for sale of firecrackers in Delhi-NCR.
During the hearing on the plea seeking restoration of last year's order, the Central Pollution Control Board (CPCB) had told the bench that they "support" the application.
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