MADAN B.LOKUR,J. - (1.) A large number of disparate prayers have been made in this public interest litigation initiated by the petitioners under Article 32 of the Constitution, but for the time being we are only concerned with the first prayer. This is to the effect that this Court may issue a writ of mandamus or any other appropriate writ or direction to ban the use of fireworks, sparklers and minor explosives in any form, during festivals or otherwise.
(2.) The public interest relief sought for is required to be considered from two perspectives: firstly, from preventing air pollution through the bursting of fireworks and secondly, by invoking the provisions of the Explosives Act, 1884 and the Explosives Rules, 2008 framed thereunder for preventing air pollution by restricting the possession and sale of fireworks in the National Capital Region. Fireworks and air pollution in 2016
(3.) The prayer for a complete prohibition on the sale of fireworks due to pollution in the air caused by the bursting of fireworks was considered at an interim stage by this Court and a detailed order passed on 11th November, 2016.1 The manufacturers and suppliers of fireworks primarily based in Sivakasi (Tamil Nadu) moved an application on or about 5th July, 2017 for modification of that interim order. The modification application is registered as I.A. No. 52448 of 2017 and we now propose to decide that application.;