INDEX

S.No.

Particulars

Pg.Nos.

1)

Listing Proforma

2)

Synopsis & List of Dates

B-G

3)

Writ Petition with Affidavit

1-15

4)

Annexure P-1
A true typed copy of

A1-A3

16-18
Newspaper Article

named as “ Delhi air pollution: Delhi NCR
schools declare Holiday, cancels events”
published in The Indian Express dated
4.11.2016

5)

Annexure P-2

19-23

A true typed copy of Newspaper Article
named as “Sales of air purifiers, masks grow
with rising pollution levels” published in the
Hindustan times dated 04.11.2016

6)

Annexure P-3
A true typed copy of

24-26
Newspaper Article

named as “ Delhi Facing worst smog in 17
years: Centre for science and Environment
dated 03.11.2016

7)

Annexure P-4
A true copy of Order dated 16.09.2015 in
WP(C) No. 728 of 2015 passed by this
Hon’ble Court.

27-29

 8)

Annexure P-5

30-34

A true copy of Newspaper Article named as “
Delhi-NCR air pollution reach alarming
levels, but no advisory, emergency plan from
government” published in FirstPost dated
04.11.2016

9)

Application for permission to appear and 35-37
argue in person for self and on behalf of
Petitioner No. 2 along with letter of authority
as Annexure A-1.

 SYNOPSIS
Over the last several years now, the pollution levels in Delhi
NCR have made the city uninhabitable. Several scientific
studies and reports show the rise in the pollution levels in
Delhi, especially during the winter season and around the
festivals of Diwali and Dussehra. The facts around the reasons
for the pollution and the impact it has on the health and lives of
over 20 million people residing in the Delhi NCR region are
well documented in the public domain. In the Writ Petition filed
in September 2015 (Arjun Gopal & Ors. Vs Union of India), the
Supreme Court expressed its inability to ban firecrackers,

 simply instructing the Government (Union and State) to
publicize the ill-effects of firecrackers to citizens and students.

The present Writ Petition is being filed to review and
reconsider that order, in light of the grave situation that Delhi
and its citizens find themselves in. Citizens are so afraid to step
out of their homes, schools are shutting down, people are
leaving the city in fear of their children’s health. Unfortunately,
awareness of the ill-effects of firecrackers is not the problem.
The problem here is that the actions of a certain number of
people in Delhi NCR is causing irreparable damage to a large
number of residents of Delhi.

This is a sign of a state of emergency. People are afraid for their
lives, and for the lives of their children. They are more afraid
today, than they have been in the aftermath of terrible terrorist
attacks. The day after the terrorist attacks, the citizens of Delhi
are still ready to step out of their homes and go to work or
school. However, in the aftermath of unfathomable pollution, it
has been several days since hundreds of thousands of citizens
are afraid for their lives.

The responsibility of the Government of Delhi and the Union of
India is to keep its citizens safe. The Constitution of India
provides for the fundamental right to life and movement.

 However, the present situation is blatantly violating these
simple fundamental rights. The government, and the relevant
public authorities, have failed in their duty miserably.

In cases where a few people are damaging and violating the
fundamental rights of other citizens, this Court is duty bound to
take the necessary steps to prevent those people from
continuing to violate those rights. It cannot suffice to direct the
Government to educate the people about the ill-effects of
firecrackers. That is comparable to preaching to the choir. The
issue here is fundamental to how we want our society to
function: Will the Government and this Court allow some
people to irreparably damage the lives of millions of citizens?
Will the Government and this Court allow more and more
healthy citizens and young children of Delhi NCR to be killed
slowly?

It is not the intention of this petition to restrict a reasonable
right of any citizen of India to live their life. However, it is the
intention of this petition to enable our society and its citizens to
live a healthy life.

It is not the intention of this petition to simply single out
firecrackers as the sole cause of pollution in Delhi NCR.
However, it is the intention of this petition to highlight the role

 firecrackers plays in aggravating an already problematic
situation.

It is not the intention of this petition to request this Court to
pass a judgement without studying the matter. However, it is
the intention of this petition to highlight the gravity of this
matter, and highlight how ineffective the past actions of the
Government have been in resolving this problem.

Residents of Delhi and their children have been advised by
senior doctors at Apollo Hospital to leave the city, as subjecting
the children to the air pollution caused by firecrackers around
Diwali could severely and irreparably affect thier ability to live
and breathe.

The Petitioner therefore asks the Court to consider why is it that
the Court is permitting some citizens to explode firecrackers
and not giving any importance to the life of millions? On what
ground is the Government professing to continue to allow such
wanton, slow killing to happen for its young citizens?

The present Writ Petition is filed by concerned citizens of Delhi
NCR on behalf of all those citizens of Delhi NCR who have
been extremely and irreversibly harmed by the pollution caused
by firecrackers, seeking inter alia the immediate intervention of

 this Court against the widespread manufacturing, buying and
selling of firecrackers and fireworks, and other products of the
same classification.

The Petitioners are requesting The Hon’ble Court under Article
32 to take interim steps in effectuating the people’s right to live
under Article 21 of the Constitution. Clearly, a Writ Petition
for securing the safety of millions of citizens will be
maintainable under Article 32 due to violation of Article 21.

The millions of residents of Delhi, including vulnerable
children and old men and women, have no hope or respite but
to seek this Hon’ble Court’s timely intervention and monitoring
of this clear violation of the most fundamental of all
fundamental rights.

LIST OF DATES
16.10.2015

Order passed by this Hon’ble Court in WP
(C) No. 728 of 2015. True typed copy of
the said order is annexed as Annexure P-4,
Pgs.27-29.

3.11.2016

Newspaper Article w.r.t. Delhi facing worst
smog in last 17 years. True typed copy of
the said article is annexed as Annexure P-3,
Pgs.24-26.

 4.11.2016

Newspaper Article w.r.t.

sale of air

purifiers and masks growing with rising
pollution level. True typed copy of the said
article is annexed as Annexure P-2, Pg.1923.
4.11.2016

Newspaper

Article

w.r.t.

Schools declaring holidays.

Delhi

NCR

True typed

copy of the said article is annexed as
Annexure P-1, Pgs. 16-18
4.11.2016

Newspaper Article w.r.t. air pollution
reaching

alarming

level

without

any

emergency plan by the government. True
typed copy of the said article is annexed as
Annexure P-5, Pgs.30-34.
8.11.2016

Present Petition filed by the Petitioners

 IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. ___ OF 2016
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. Anirudh Suri

2. Shikhil Suri
….PETITIONERS

VERSUS

1) Union of India
Through the Secretary,
Ministry of Environment, Forest & Climate Change
Indira Paryavaran Bhavan
Jorbagh Road
New Delhi-110003

2) Central Pollution Control Board
Through the Secretary,
Parivesh Bhawan,
CBD-cum-Office Complex,

East Arjun Nagar,
New Delhi-110032

 3) Government of NCT of New Delhi
Through the Secretary,
Delhi Secretariat,
IG Indoor Stadium, ITO,
Vikram Nagar, New Delhi,
Delhi 110002

4) Delhi Pollution Control Committee
Through the Secretary,
4th Floor, ISBT Building,
Kashmere Gate,
Delhi-110006

5) Government of Uttar Pradesh
Through the Secretary,
Lal Bahadur Shastri Bhawan,
Lucknow-226001

6) Government of Punjab
Through the Secretary,
Punjab Civil Secretariat,
Sector-1
Chandigarh-160001

7) Government of Haryana
Through the Secretary,
Haryana Civil Secretariat,
Sector -1
Chandigarh-160001

8) Government of Tamil Nadu
Through the Secretary,
Namakkal Kavignar Maaligai,

 Fort St. George,
…..RESPONDENTS

Chennai-600009

A

PETITION

CONSTITUTION

UNDER
OF

ARTICLE

INDIA

FILED

32
IN

OF

THE

PUBLIC

INTEREST

TO
THE HON’BLE CHIEF JUSTICE OF INDIA
HIS COMPANION JUDGES OF THE SUPREME COURT OF
INDIA

MOST RESPECTFULLY SHOWETH:-

1. The present Writ Petition is being filed by and on behalf of
the Petitioners, all citizens and residents of Delhi, seeking
inter alia the immediate intervention of this Hon’ble Court
against the manufacturing, sale and use of firecrackers and
fireworks and other products of the same classification, in
light of the extreme and irreparable damage caused by the
actions of certain citizens are causing to millions of other
citizens.

2. The Petitioners seek to enforce their guaranteed right under
Article 21 of the Constitution of India to live life. The
inaction by the Government authorities in not taking due
steps to ensure that the health and lives of its citizens is not
irreversibly damaged due to the actions of some citizens has
compelled the Petitioners to approach this Hon’ble Court and
seek its timely intervention.

 3. The Petitioner No. 1 and 2 are residents of Delhi NCR.

4. The Respondent No. 1 is the Union of India through the
Ministry of Environment, Forests and Climate Change. The
Respondent No. 2 is the Central Pollution Control Board.
The Respondent No. 3 is the Government of NCT, Delhi.
The Respondent No. 4 is the Delhi Pollution Control
Committee. The Respondent No. 5 is the State of Uttar
Pradesh. The Respondent No. 6 is the State of Punjab. The
Respondent No. 7 is the state of Haryana. The Respondent
No. 7 is the State of Tamil Nadu.

5. The Petitioners do not wish for this Petition to be clubbed
with other petitions, pending or disposed, seeking the Court’s
intervention for the Government to act to curb pollution.
Rather, this Petition seeks the Court’s intervention to direct
the Government to take the necessary steps to prevent some
citizens from causing damage to the health and lives of their
fellow citizens.
THE CAUSE OF ACTION
6. The Petitioners believe that a state of emergency, trauma and
fear exists amongst the citizens of Delhi NCR today, caused
primarily by the actions of a few errant citizens who despite
being aware of the ill-effects of firecrackers and fireworks
have continued to cause mental trauma, physical damage and
instill fear amongst the millions of other citizens.
7. The alarming rate at which the pollution of Delhi’s air
continues to be caused to deteriorate by the action of some
citizens is unacceptable, and cannot be tolerated in a society
if it values the lives of all its citizens equally.

 8. That a brief perusal of social media networks and print and
electronic media would suffice in convincing this Hon’ble
Court about the number of people concerned about this
problem, and the expressed helplessness of the people in
light of Government inaction and the insensitive and illegal
actions of some people.
9. The timely and praiseworthy intervention of this Hon’ble
Court in the year 2005 in a Public Interest Litigation, Noise
Pollution (V) In Re, reported in (2005) 5 SCC 733 put in
place directives for usage of firecrackers and also changed
the basis of evaluation of these firecrackers from amount of
noise produced to chemical composition. These directives,
though not fully implemented still, have still substantially
reduced the sound pollution caused by them, thereby giving
great relief to residents.
10.

The present Petition relies on all reports, scientific

studies and data collection efforts conducted by various
organizations – ranging from government bodies to nonprofits to citizens groups to media organizations to
environmental bodies – as well as opinions and writings of
eminent experts and scholars. Most importantly, it also relies
on the actions of the affected citizens, as they are left with no
option but to shut down schools, leave the city, stay indoors,
buy Vog Masks in droves, buy and install various Air
Purifiers in their homes, and several other such actions. A
true typed copy of Newspaper Article named as “ Delhi air
pollution: Delhi NCR schools declare Holiday, cancels
events” published in The Indian Express dated 04.11.2016
is annexed and marked as Annexure P-1.

 11. That such action of citizens en masse are clearly evidence of
the existence of a state of emergency, trauma and widespread
fear, not unlike but still less intense in comparison to terrorist
attacks that have similarly affected the citizens of Delhi
NCR.

12. That it is not unimaginable that continued inaction on the
part of the Respondent public authorities might actually lead
to violence amongst citizens, as the citizens start to fight for
their survival and for the health and life of their newborns. In
fact, recently, a shop in Khan Market selling Vog Masks had
to face an irate crowd of customers as they ran out of Vog
Masks (after selling 100 units in 10 minutes). A major online
retailer, Amazon.com, has reported that demand for pollution
masks is 13 times more than the comparable time last year.
A true typed copy of Newspaper Article named as “Sales of
air purifiers, masks grow with rising pollution levels”
published in the Hindustan times dated 04.11.2016 is
annexed and marked as Annexure P-2.
13. That according to air quality monitored by one of the
Respondents, the Central Pollution Control Board, the PM
2.5 in recent days went up to 999 in the US Embassy Area
and 702 in Anand Vihar. In RK Puram, PM 2.5 went up to
643 micrograms which is almost ten times the safe limit of
60 micrograms per cubic metres and PM 10 stood at 999
micrograms per cubic metres, which also more than 10 times
the safe limit of 100 micrograms.
14. That the World Health Organization recommends that PM
2.5 is kept below 10 as an annual average, and says that
exposure to average annual concentrations of PM2.5 of 35 or
above is associated with a 15% higher long-term mortality

 risk. In the case of Delhi, we have an average annual
concentration of PM2.5 of 122.

A true typed copy of

Newspaper Article named as “ Delhi Facing worst smog in
17 years: Centre for science and Environment dated
03.11.2016 is annexed and marked as Annexure P-3.
15. That this spike in pollution in the last week has been
primarily due to the use of firecrackers and fireworks. That
crop burning or vehicular traffic cannot be responsible for
this spike as there has not been any significant increase in
any of these factors over the last week. The only change in
the last week, compared to previous weeks and months, has
been the use of firecrackers and fireworks, leading to the safe
conclusion that they have been the primary cause of the spike
in pollution levels.
16. That

a

petition

started

by

one

Akshay

Gaur

on

www.change.org for a ban on crackers has already received
over 55,000 signatories in the matter of a few days, which
highlights the widespread support for this issue.
17. That this request for a ban on firecrackers is not a violation
of anyone’s fundamental rights. The fundamental right to
trade is not infringed by this because those fundamental
rights are to be upheld only to the point where they do not
infringe upon the fundamental right to life.
18. That the use of firecrackers and fireworks is needless and
unrelated to the development of Delhi and its citizens, and in
no way contributes to their welfare; rather it simply leads to
an increase in their mortality levels, that is, it causes more
people to die sooner than they otherwise would. This further
implies that the actions of certain individuals are leading to
the early and untimely death of millions of citizens of Delhi.

 19. That this Hon’ble Court in Noise Pollution (V), In re; (2005)
5 SCC 733 acknowledged how fireworks are a needless air
and noise pollutant in very specific words: “bursting of
firecrackers is a health hazard since it is responsible for both
air pollution and noise pollution. The use of Fireworks has
led to air pollution in the form of noise and smoke. Their
excessive use has started to be a public hazard and violation
of their fundamental rights as enshrined in the Constitution of
India.”
20. Now with countless reports, studies, an unenviable first
position in global rankings of most polluted cities in the
world by WHO, alarming spike in pollution levels in recent
days as reported by CPCB, and the state of emergency, fear,
and trauma (mental and physical), the time has come to
prevent some citizens from using firecrackers to cause
irreparable and irreversible loss and damage to the physical,
mental and emotional state of millions of other citizens.
21. That the previous order of this Hon’ble Court in Writ Petition
(Civil) No. 728 of Sep 2015 directing the Union Government
and all the State Governments to “give wide publicity both in
print and Electronic media to the ill effects of fireworks and
advise people accordingly” and also directing the Teachers/
Lecturers of the Schools and Colleges to educate the students
about the ill effects of the fireworks” is grossly insufficient
direction, given the gravity of this matter. Education and
awareness of the ill-effects of firecrackers is not the issue
here; rather it is the the disregard shown by some citizens
towards the health and safe lives of other citizens in their
society. A true copy of Order dated 16.10.2015 is annexed
herewith and marked as Annexure P-4.

 22. Nature of injury caused or likely to be caused: Given the
increased levels of air pollution and the lack of action taken
by the relevant authorities the people of Delhi NCR are likely
to suffer from various respiratory diseases including asthma,
heart attack etc.
23. Nature and extent of personal interest: Both the Petitioners
have no personal interest.
24. Details regarding any civil, criminal ligation involving the
petitioners which has or could have any effect with the
issues involved in the present PIL: None
25. Whether the concerned government authority was
moved for reliefs sought in the petition: It is submitted that
due to the urgency, the petitioners have not approached the
concerned respondent for the prayed reliefs.
SUPPORTING SCIENTIFIC STUDIES AND REPORTS
26. That there are several reports, scientific studies and data
figures available to support the case that firecrackers have
caused the spike in pollution levels in recent days, as they
typically do around the festive season.

27. That India is now also a signatory to the Paris Agreement
where it has committed to keep pollution levels under check.

28. That 30-40% increase in cases of respiratory diseases,
bronchial asthma, and bronchitis has been observed to be
amongst some of the most immediate health effects observed
instantly after the bursting of firecrackers, not to mention the
slow, long-term adverse effects it has on the health of
millions of residents and citizens of Delhi NCR, including
infant mortality, adverse pregnancy outcomes, and alteration
of immune system and respiratory system of children.

 29. That even other than the firecrackers and fireworks, the
pollution caused by various other sources in Delhi NCR has
increased significantly in the last 3 years.
30. That the Indira Gandhi International Airport recorded the
worst levels of smog in 17 years on November 2, 2016 with
visibility as low as 300-400 metres, Centre for Science and
Environment (CSE) said citing a report of the India
Meteorological Department (IMD).
31. The Executive Director of Centre for Science and
Environment (CSE) was quoted as terming this situation as
an emergency as well: ““It’s an emergency-like situation in
Delhi-NCR.” A true typed copy of Newspaper Article named
as “ Delhi-NCR air pollution reach alarming levels, but no
advisory, emergency plan from government” published in the
FirstPost dated 04.11.2016 is annexed herewith and marked
as Annexure P-5.

32. That globally, in many countries, Courts have intervened to
direct the Government to take decisive, timely, specific,
measurable and significant actions to reduce air pollution.
That the UK government’s plan for tackling the UK’s air
pollution crisis has been judged illegally poor at the High
Court, marking the second time in 18 months that the
Government has lost the battle in court on the issue. That the
UK High Court has directed the ministers who by law must
cut the illegal levels of nitrogen dioxide suffered by dozens
of towns and cities in the “shortest possible time”. That the
UK Government agreed in court to discuss with the
petitioners a new timetable for more realistic pollution
modelling and the steps needed to bring pollution levels
down to legal levels. The parties will return to court in a

 week but if agreement cannot be reached, the judge could
impose a timetable upon the government. That the UK
Court's ruling lays the blame at the door of the government
for its complacency in failing to tackle the problem quickly
and credibly. In so doing they have let down millions of
people the length and breadth of the country and have been
found lacking in their commitment to solving the problem.
That even earlier in April 2015, the Supreme Court in the UK
had ruled unanimously that the environment secretary must
draw up a plan to meet the EU rules by the end of the year.

33. That in a landmark ruling in June 2015 in the Netherlands,
The Hague District Court found in favor of 886 Dutch
individuals who had filed suit against their government,
demanding that officials do more to prevent climate
change. Specifically, the court had directed the State to
ensure that the Dutch emissions in the year 2020 will be at
least 25 percent lower than those in 1990." The Court further
ruled that the action taken thus far by the Government was
not good enough or sufficient or timely enough.That in April
2016, a federal magistrate judge in Oregon, United States,
also allowed the lawsuit filed on behalf of 21 teenagers and
children to go forward, despite motions from the Obama
administration and fossil fuel companies to dismiss it. The
suit, while highlighting the wilful ignorance by the
Government of this impending harm, would force the U.S.
government to take more aggressive action against climate
change. Reference may be made to the below links.
1)http://www.popsci.com/group-dutch-citizens-sued-their-

government-act-climate-change-they-won
2) https://www.theguardian.com/environment/2016/nov/02/hi
gh-court-rules-uk-government-plans-to-tackle-air-pollutionare-illegal

 3) https://www.theguardian.com/environment/2015/apr/29/su
preme-court-orders-uk-to-draw-up-air-pollution-cleanup-plan
4) http://www.nytimes.com/2016/05/11/science/climatechange-citizenlawsuits.html?_r=0
34. It is submitted that due to the urgency, the petitioners
have not approached the concerned respondent for the prayed
reliefs.
35.

It is stated by the petitioners that no similar Writ

Petition have been filed by the petitioners either in this
Hon’ble Court or any other High Court.

36. That the Petitioner No. 1 is also filing along with this
Petition an application for permission to appear and argue on
behalf of self and Petitioner No. 2 and the letter of authority
is annexed as Annexure A-1 to the said application.

37. That due to the urgency of filing this petition given the
state of emergency currently existing, the Petitioners
respectfully submit that they would wish to submit further
supporting materials for this Petition at a later date. The
Petitioners also crave leave to add/alter/amend/supplement
this present Petition in these circumstances

PRAYER
It is most respectfully prayed that this Hon’ble Court be pleased
to:
a) Pass a writ of Mandamus or any other appropriate writ,
order or direction directing the Respondents and other
concerned Authorities to submit an action plan for
bringing air pollution levels down to acceptable levels (of
35 PM 2.5 annual average), with constant and regular

 monitoring and supervision of this Court and an Expert
Committee so constituted by the Hon’ble Court
b) Pass a writ of Mandamus or any other appropriate writ,
order or direction to prevent the use in any form of
firecrackers, sparklers, minor explosives and fireworks in
any form for use in Delhi NCR;

c) Appoint an Expert Committee consisting of key
stakeholders from the ecosystem (Citizens groups,
schools, environmental groups, scientists, academics,
businessmen, experts etc.) to review the working of the
state’s efforts and accomplishment of the action plan thus
submitted before the Hon’ble Court; and
d) Pass such order and further orders as are deemed fit and
appropriate in the interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS
IN DUTY BOUND SHALL EVER PRAY.

Filed on. 08 .11.2016
Place- New Delhi
PETITIONERS