Supreme Court asks Centre to act on open cracker sales in Delhi despite Diwali order

The Supreme Court on Tuesday asked the Centre to look into reports that firecrackers of every kind are being sold openly in Delhi, despite the conditions the court set for Diwali. A bench of Justices MM Sundresh and Prasanna B Varale pointed to a Hindustan Times report published the same day and asked Additional Solicitor General Aishwarya Bhati to ensure its order is complied with.

"In today's report on Hindustan Times there's a photograph, they say that notwithstanding yesterday's order, now everything is available in the shops. Please look into it," Justice Sundresh said, according to Bar and Bench and PTI. "They say that in the market every other cracker, licensed, unlicensed, QR code, or no QR code, everything is available. Please take a note of it."

What the court's order allows

The court is hearing applications on the manufacture, sale and bursting of firecrackers in Delhi-NCR because of the region's air pollution. As reported by Bar and Bench and PTI, the order allows:

• sale of certified green firecrackers in Delhi-NCR from 4 to 6 November, and their bursting on 7 and 8 November (Diwali), only between 6 am and 7 am and between 8 pm and 10 pm;
• manufacture and sale only of crackers certified by CSIR-NEERI and the Petroleum and Explosives Safety Organisation (PESO), sold at designated locations, with no online sales;
• a product-specific QR code on every box so buyers can verify certification;
• a ban on firecracker strings (laris) and on crackers containing barium; and
• no bursting within 300 metres of hospitals and nursing homes (PTI's report lists further restricted institutions).

The full ban is to be restored from 9 November. The order is dated 29 October 2026, according to LawStreet, which gives the case as Arjun Gopal v. Union of India (W.P.(C) No. 728/2015), heard with Suo Motu W.P.(C) No. 15/2026; PTI also says 29 October and that it was made available on Monday. Bar and Bench's account refers to it as 2 November, the day it became public.

What the report found

The Hindustan Times report, based on visits to markets on 22 October and 2 November, said firecrackers were on sale in Chandni Chowk, Sadar Bazaar, Shastri Nagar, Sarojini Nagar and New Friends Colony. Vendors displayed items labelled green, pollution-free or zero-pollution, while conventional crackers were reportedly available on request. Several boxes carried no QR code, and some QR codes led to online catalogues rather than a certification check. We have not independently verified these findings.

What else the order says

LawStreet's account adds that licences cancelled earlier are restored only from 4 to 6 November for sale of approved green crackers, and will be cancelled immediately on any violation. Authorities must take a monetary security from manufacturers and traders, forfeited on violation, designate sale locations in the NCR, check vehicles entering Delhi-NCR, and display banners on how to identify approved crackers and where to complain. Police patrol teams are to confiscate illegal crackers and prosecute offenders.

Why the court is concerned

In its order the bench said earlier blanket bans had not stopped the illegal sale and use of conventional crackers, which were often sold as green crackers, and criticised authorities for not implementing earlier directions. It said it lacked enough data to decide whether a complete ban would best address pollution, and that bursting crackers "would certainly cause pollution". It also said a person's right to follow a practice that may have a religious colour is a qualified right. It referred to its 15 October 2025 order, which had allowed green crackers in Delhi-NCR for the previous Diwali with conditions.

What happens next

The court did not pass a fresh direction on Tuesday beyond asking the Centre to look into the matter and ensure compliance. Sale of certified green crackers is due to open on 4 November, and any enforcement action by Delhi authorities before then will show how the QR-code rule works in practice. Diwali is on 8 November; the complete ban returns on 9 November.