A.K.SIKRI - (1.) I.A. Nos. 155828, 156704 and 156484 of 2018 are filed on behalf of respondent No.7, respondent Nos.8 to 75 and respondent No. 80 respectively. Theserespondents are Associations of fireworks manufacturers and/or traders who are sellingfirecrackers. They have sought modification and clarifications of order dated October 23,2018 passed by this Court in certain I.As., dealing with the issue of burning offirecrackers during Diwali and other festivals/occasions etc. Number of directions aregiven in the said order. A conjoint reading of these applications shows that the applicantsare seeking modifications in respect of direction Nos. (i), (ii), (iii), (vi), (viii), (xiv) and(xv). After hearing the counsel for the parties, we are inclined to give followingclarifications: (a) Henceforth, production of crackers with reduced emission (improved crackersand green crackers) is permitted, as already directed in order dated October 23,2018. It would also mean that barium salts in the manufacture of firecrackers willnot be used. (b) In direction No. (ii) where sale of crackers other than reduced emission isbanned, it is clarified that this sale is banned in Delhi and NCR. Thus, direction No.(viii) would continue to operate. In other areas, the crackers which have alreadybeen produced would be allowed to be sold for this Diwali and other festivals andoccasions. (c) Insofar as Direction No. (xiv) is concerned, in respect of Tamil Nadu and UnionTerritory of Puducherry and other Southern States are concerned, this Court hasalready modified the said direction vide order dated 30.10.2018. We further clarifythat on the occasion of Gurpurab also, fireworks shall be allowed for one hour inthe morning i.e. 4:00 a.m. to 5:00 a.m. and one hour in the evening i.e. 9:00 p.m.to 10:00 p.m. (2) It is also clarified that pan India directions pertain to: (a) Community fire cracking. Here, direction is to explore the feasibility ofcommunity fire works. (b) Duration within which fireworks can take place i.e. for two hours as contained indirection No. (xiv) and modified vide order dated October 30, 2018 as well as thisorder. This also is applicable throughout India. (c) Direction No. (xiii) which deals with extensive pubic awareness campaign alsoapplies throughout India. (d) In addition, direction regarding production of crackers with reduced emission,restraining e-commerce websites for selling firecrackers, also applies throughoutIndia. (e) Likewise, the aforesaid pan India directions will be enforced by the police authorities and, thus, direction No. (xvi) to police shall also be applicablethroughout India. (f) Direction No. (xvii) which is regarding the effect of pollution of all categories isalso applicable to all the States.
(2.) We make it clear that apart from the above, no other modification is carried out inorder dated October 23, 2018.
(3.) Insofar as Barium salts in fireworks is concerned, which is banned as per direction No.(vi), the Petroleum and Explosives Safety Organization ("PESO") has filed an affidavitwhich is taken on record.;