The Supreme Court has allowed celebrations with fireworks in Telangana for two hours on Diwali on Saturday and other festivals like Chaath Puja.

The court, which passed the order without hearing the respondent in view of the urgency of the matter, modified the directive for a blanket ban on crackers imposed by Telangana High Court.

An apex court bench of Justices A.M. Khanwilkar and Sanjiv Khanna held a special hearing to pass the orders on a special leave petition filed by the Telangana Fireworks Dealers Association challenging the high court’s directive on the ground that it would adversely affect the livelihood of hundreds of dealers and mar the festive atmosphere in the state.

The association had pointed out that the high court order had been passed without proper appraisal of the factual conditions in the state. The Supreme Court held a special hearing as it is on a week-long Diwali recess.

The association, represented by senior advocate Salman Khurshid, submitted that Telangana High Court had passed the direction for a total ban on the use of crackers despite the National Green Tribunal (NGT) imposing graded restrictions on different states depending on the local pollution levels.

For the Delhi-NCR region, the NGT had said in the November 9 order that there would be a total ban on the use of firecrackers in view of the rising pollution levels due to stubble burning and other factors.

However, in other cities and towns where pollution levels are not alarming, the NGT has permitted the sale and use of crackers for two hours in keeping with a 2019 Supreme Court judgment.

Agreeing with the petitioner’s contention, the apex court said: “List this matter on 16th November, 2020, before an appropriate bench. In the meantime, the impugned judgment and order of the high court stands modified and is brought in line with the directions issued by the National Green Tribunal… which applies even to the state of Telangana….

“For, no reason, much less special reason, is noted in the impugned order for departing there from. All concerned in the state of Telangana must comply with the stated directions of the Tribunal in its letter and spirit….”

The court added: “We are conscious of the fact that the respondent(s) (Indira Prakash and others on whose petition the high court had banned crackers) are not represented today, nor have they been served (notice), but in the peculiar situation and urgency involved, as aforesaid, the impugned order stands modified to bring in line with the stated directions issued by the National Green Tribunal.”