Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 1715

SUPREME COURT OF INDIA
A.K. SIKRI, ASHOK BHUSHAN, JJ.
Arjun Gopal & Ors. – Appellants
Versus
Union of India & Ors. - Respondents
Writ Petition(s)(Civil) No(s). 728 of 2015 ([Only I.A. no. 155697 of 2018 To Be Listed])
Decided on : 30-10-2018

Advocates:
Advocate Appeared:
For the Appellant : Mr. Gopal Sankaranarayanan, Ms. Pooja Dhar, Ms. Aishwarya Kane, Ms. Gayatri Verma, Ms. Astha Sharma, Adv
For the Respondent: M/S. Corporate Law Group, Mr. A.N.S. Nadkarni, Mr. Ajit Kumar Sinha, Ms. Kiran Bhardwaj, Mr. Ritesh Kumar, Mr. S.W.A. Quadri, Mr. Arun Kumar Yadav, Mr. Raj Bahadur Yadav, Mr. Amit Sharma, Mr. G.S. Makker, Mr. B.V. Balram Das, Mr. B. Krishna Prasad, Mr. Maninder Singh, Mr. Dhruv Mehta, Mr. Sachin Mittal, Mr. Sagar Kothari, Ms. Ashita Chawla, Mr. Ranjit Kumar, Mr. Yoginder Handoo, Mr. Shekhar Naphade, Mr. Vijay Narayan, Mr. B. Vinodh Kanna, Mr. A. Sriram, Mr. Abikalp Pratap, Mr. R. Venkataramani, Mr. V.G. Pragasam, Mr. Prabu Ramasubramanian, Mr. S. Manuraj, Mr. Praveen Vignesh, Mr. Rajiv Dutta, Mr. M.A. Chinnasamy, C. Rubavathi, Mr. S. Peer Mohammad, Mr. P. Raja Ram, Mr. V. Senthil Kumar, Mr. K. Ethiraj, Mr. S. Nagamuthu, Mr. M.P. Parthiban, Mr. Anish R. Shah, Mr. Bijender Singh Chowdhry, Mr. Hitesh Kumar Sharma, Mr. S.K. Rajora, Mr. Fuzail Ahmed Ayyubi, Mr. Abdul Qaudir, Ms. Aditi Gupta, Mr. Ibad Mushtaq, Mr. Prakash Gautam, Mr. Ankit Pandey, Mr. Shashank Shekhar Singh, Mrs. Sarla Chandra, Mr. Vijay Panjwani, Mr. Chirag M. Shroff, Ms. Neha Sangwan, Mr. Joyshree Barman, Mr. R. Venkataraman, Mr. Manoj Selvaraj, Mr. B. Ramaswamy, Ms. S. Aswathi. M.K., Mr. Anil Grover, Mr. Shivam Kumar, Mr. Sanjay Kumar Visen, Ms. Garima Bajaj, Mr. Aakansha Kaul, Ms. Rohini Musa, Mrs. V. D. Khanna, Mr. Ashok Kumar Gupta II, Mr. Suvidutt M.s., Mr. Mohinder Jit Singh, Mr. S. K. Verma, Mr. Yugandhara Pawar Jha, Mr. Gurmeet Singh Makker, Mrs. Anil Katiyar, Ms. Uttara Babbar

The court clarified and upheld the regulation of timings for firecrackers, allowing flexibility for certain states to change the timings within a specified limit.

Headnote:
Firecrackers - Regulation of Timings - The court clarified the regulation of timings for firecrackers in different states, allowing flexibility for certain states to change the timings within a specified limit.
Fact of the Case:

The court addressed applications seeking clarification and changes in the regulation of timings for firecrackers in different states.
Finding of the Court:

The court dismissed the application seeking changes in the regulation of timings for firecrackers in NCT of Delhi and NCR areas, while permitting flexibility for Southern States to change the timings within a specified limit.
Issues: Clarification and changes in the regulation of timings for firecrackers in different states.
Ratio Decidendi: The court upheld the regulation of timings for firecrackers in NCT of Delhi and NCR areas, while allowing flexibility for Southern States to change the timings within a specified limit.
Final Decision: The application seeking changes in the regulation of timings for firecrackers in NCT of Delhi and NCR areas was dismissed, while the application for Southern States to change the timings within a specified limit was granted.

ORDER :

I.A. No. 155816/2018

1. Respondent No.7/applicant in this application has sought clarification in respect of direction No.(xv) in our judgment dated 23.10.2018. It is particularly in respect of the following portion of the said direction:

“(xv)..................insofar as the other States are concerned, an endeavor shall be made by them also to explore the feasibility of community fire-cracking. However, it is made clear that Direction No. (xiv) pertaining to the duration within which fireworks can take place on such occasions would be applicable throughout India.

Similarly, Direction No. (xiii) for extensive public awareness campaigns is also a pan India direction.”

2. In direction No. (xv) it is stated that insofar as Government of NCT of Delhi and the State Governments of the NCR areas are concerned, the respective governments would permit community fire-cracking wherever it is possible. In respect of other States it is mentioned that an endeavour in that respect shall also be made by those States to explore the feasibility of community fire-cracking. Direction No. (xiv) is about the duration in which there can be fireworks i.e. 08:00 p.m till 10:00 p.m. In the aforesaid portion it is stated that insofar as timings are concerned that would also be applicable throughout India. There are some other applications filed where change in timings is sought for, which would be considered in those applications. Insofar as the aforesaid direction is concerned, we do not find any reason to change the same. This application is, therefore, dismissed.

I.A. No. 156525/2018

3. Having regard to the averments made in this application, insofar as State of Tamil Nadu, Union Territory of Puducherry and other Southern States are concerned, they are permitted to change the timings during which firecrackers can be burnt from 08:00 p.m. to 10:00 p.m to any other timings and which can be even staggered timings. However, it is made clear that the total timings would not be more than 02 hours.

4. Interlocutory Application is accordingly disposed of.

5. I.A. No. 155697/2018, I.A. No. 155828/2018, I.A. No. 156484/2018,

I.A. No. 156704/2018, I.A. No. 157066/2018 & I.A. No. 156999/2018.

6. Arguments heard.

7. Mr. Nadkarni, learned ASG appearing on behalf of Union of India and PESO, states that he will be filing an affidavit in respect of Barium by tomorrow.

8. List these applications on 31.10.2018.

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Judicial Analysis

2018 Supreme(SC) 1715

SUPREME COURT OF INDIAA.K. SIKRI, ASHOK BHUSHAN, JJ.Arjun Gopal & Ors. – AppellantsVersusUnion of India & Ors. - RespondentsWrit Petition(s)(Civil) No(s). 728 of 2015 ([Only I.A. no. 155697 of 2018 To Be Listed])Decided on : 30-10-2018

The court clarified and upheld the regulation of timings for firecrackers, allowing flexibility for certain states to change the timings within a specified limit.

Judicial Analysis

SUPREME COURT OF INDIA
A.K. SIKRI, ASHOK BHUSHAN, JJ.
Arjun Gopal & Ors. – Appellants
Versus
Union of India & Ors. - Respondents
Writ Petition(s)(Civil) No(s). 728 of 2015 ([Only I.A. no. 155697 of 2018 To Be Listed])
Decided on : 30-10-2018