The Supreme Court on Monday asked the Delhi government to consider a perpetual ban on firecrackers, stating that the restriction was hardly implemented in the national capital during the Diwali festivities this year, Bar and Bench reported.

A bench of Justices Abhay S Oka and Augustine George Masih was hearing a case pertaining to air pollution in the National Capital Region due to firecrackers, stubble burning, waste burning, vehicular emissions and industrial pollution, among other sources, according to Live Law.

On October 14, the Delhi Pollution Control Committee banned the manufacturing, storage, selling and lighting of all types of firecrackers in the national capital till January 1, 2025.

The commission ordered the police to implement the directions and file daily action-taken reports.

Despite this, firecrackers were lit across the city as part of the Diwali festivities. On Friday, the morning after Diwali, Delhi’s air pollution level was nearly 14 times more than the “safe” limit prescribed by the World Health Organization.

“We want Delhi government to immediately respond as to why this has happened,” the bench said on Monday, taking note of reports about Delhi residents flouting the ban.

It added: “We will simultaneously issue notice to the Delhi Police commissioner as to why there is non-compliance. We have to hear this immediately. The real problem is that this is all under the Air Prevention Act, 1981, which after amendment this year, has only penalty provisions.”

The court also directed the Delhi government to file an affidavit on the steps taken to enforce the ban on firecrackers. The affidavit should also contain steps the administration would take to ensure that firecracker-related pollution does not rise again during the Diwali celebration next year.

“This will also include the measures to be taken for public awareness,” said the court. “In the meanwhile, the government of Delhi and other authorities will also take a call on the issue of perpetual ban on use of firecrackers in Delhi.”

This time, Delhi recorded its most polluted Diwali in three years.

According to data from the Central Pollution Control Board, the average concentration of PM2.5 in the national capital was 209.3 μg/m3 (micrograms per cubic metre of air) at 8 am on Friday.

PM2.5 refers to respirable airborne particles smaller than 0.0025 mm in width.

India’s National Ambient Air Quality Standards prescribe a “safe” PM2.5 concentration of 60 μg/m3, averaged over 24 hours. The World Health Organization prescribes 15 μg/m3 as the acceptable limit for human exposure.

On Saturday, the air quality level in Delhi was at the higher end of the “poor” category.

According to data from the Central Pollution Control Board, the national capital recorded an average air quality index of 297 at 1 pm on Saturday. Anand Vihar recorded the worst air quality with the index at 394, which was closer to the “severe” category.

An index value between 0 and 50 indicates “good” air quality, between 51 and 100 indicates “satisfactory” air quality and between 101 and 200 indicates “moderate” air quality.

A value between 201 and 300 indicates “poor” air quality while between 301 and 400 indicates “very poor” air. Between 401 and 450 indicates “severe” air pollution while anything above the 450 threshold is termed “severe plus”.

The average air quality index for Delhi was in the “very poor” category on Monday and Tuesday.

Air quality deteriorates sharply in the winter months in Delhi, which is often ranked the world’s most polluted capital. Stubble burning in Punjab and Haryana, along with falling temperatures, decreased wind speeds and emissions from industries and coal-fired plants contribute to the problem.

Also read: Why some Delhi residents leave the city during Diwali