'Absolutely necessary': SC refuses to relax ban on firecrackers in Delhi-NCR
New Delhi, Apr 3 (PTI): The Supreme Court on Thursday refused to relax the ban imposed on the manufacture, storage and sale on firecrackers in Delhi-NCR noting that air pollution levels remained alarming for a considerable time.
A bench of Justices Abhay S Oka and Ujjal Bhuyan said a large section of the population worked on streets and was the worst affected by pollution.
Not everybody can afford an air purifier at their residence or place of work to fight pollution, the bench said.
"Several orders passed by this court during last six months bring on the record the horrible situation with which prevailed in Delhi due to very high levels of air pollution...Right to health is an essential part of Article 21 of the constitution so is the Right to live in a pollution free atmosphere," the court said.
Unless the court was satisfied that the pollution due to the "so-called" green crackers was bare minimum, there was no question of reconsidering the previous orders, it added.
The bench said restricting the ban on firecrackers in the Delhi-NCR region just around Diwali would be meaningless, as it could be purchased and stored in advance.
The top court said the orders passed from time to time would indicate that the directions and ban on the use of firecrackers was warranted by an "extraordinary situation" created in Delhi.
Senior Advocate Aparajita Singh, who is amicus curiae in the case, informed the bench that all four NCR states had banned firecrackers, but online sale remained an issue in some states like Uttar Pradesh and Rajasthan.
The apex court also raised the issue of noise pollution caused by bursting of firecrackers.
The top court was hearing a batch of petitions filed by firecracker manufactures seeking relaxation of ban and permission to sell green crackers.
The court said manufacturers also have to do their duty towards environment under Article 51A of the Constitution and told them to cooperate.
"We are on whether there is any study on whether any pollution is caused by green crackers. We are appealing to all of you please don't place these applications. The ban is limited to NCR Delhi. You have the entire India open for sale of firecrackers," the bench said.
The top court had in December directed the Uttar Pradesh and Haryana governments to impose a complete ban on firecrackers until further orders.
The court had noted the Delhi government had enforced a complete ban on the manufacture, storage and sale, including delivery of firecrackers through online marketing round the year with immediate effect.
"We are of the view that this ban will be effective only when other states forming part of the NCR region impose similar measures. Even the state of Rajasthan has imposed a similar ban in that part of State of Rajasthan which falls in NCR regions. For the time being we direct the states of Uttar Pradesh and Haryana to impose a similar ban which is imposed by the state of Delhi," the bench had said.
Expressing serious concerns over high pollution levels in Delhi during Diwali, the apex court previously took exception to the violation of court orders and said its directives on firecrackers ban were "hardly implemented".
The apex court was hearing a plea filed by M C Mehta in 1985 seeking directions to curb air pollution in the national capital and adjoining areas.
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US SC rejects 26/11 attack accused Tahawwur Rana’s plea seeking stay on his extradition to India
New York, Apr 7 (PTI): The US Supreme Court has rejected 26/11 Mumbai terror attack accused Tahawwur Rana's appeal seeking a stay on his extradition to India, moving him closer to being handed over to Indian authorities to face justice.
Rana, 64, a Canadian national of Pakistani origin, is currently lodged at a metropolitan detention centre in Los Angeles.
He is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 attacks. Headley conducted a recce of Mumbai before the attacks by posing as an employee of Rana’s immigration consultancy.
Rana had submitted an ‘Emergency Application For Stay Pending Litigation of Petition For Writ of Habeas Corpus' on February 27, 2025, with Associate Justice of the Supreme Court of the United States and Circuit Justice for the Ninth Circuit Elena Kagan.
Kagan had denied the application earlier last month.
Rana had then renewed his ‘Emergency Application for Stay Pending Litigation of Petition for Writ of Habeas Corpus previously addressed to Justice Kagan’, and requested that the renewed application be directed to US Chief Justice John Roberts.
An order on the Supreme Court website noted that Rana's renewed application had been “distributed for Conference” on April 4 and the “application” has been “referred to the Court.”
A notice on the Supreme Court website Monday said that “Application denied by the Court.”
Rana was convicted in the US of one count of conspiracy to provide material support to the terrorist plot in Denmark and one count of providing material support to Pakistan-based terrorist organisation Lashker-e-Taiba which was responsible for the attacks in Mumbai.
New York-based Indian-American attorney Ravi Batra had told PTI that Rana had made his application to the Supreme Court to prevent extradition, which Justice Kagan denied on March 6. The application was then submitted before Roberts, “who has shared it with the Court to conference so as to harness the entire Court’s view.”
The Supreme Court justices are Associate Justice Clarence Thomas, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, Associate Justice Amy Coney Barrett, and Associate Justice Ketanji Brown Jackson.
In his emergency application, Rana had sought a stay of his extradition and surrender to India pending litigation (including exhaustion of all appeals) on the merits of his February 13.
In that petition, Rana argued that his extradition to India violates US law and the UN Convention Against Torture "because there are substantial grounds for believing that, if extradited to India, the petitioner will be in danger of being subjected to torture."
"The likelihood of torture in this case is even higher though as petitioner faces acute risk as a Muslim of Pakistani origin charged in the Mumbai attacks,” the application said.
The application also said that his “severe medical conditions” render extradition to Indian detention facilities a “de facto" death sentence in this case.
The US Supreme Court denied Rana's petition for a writ of certiorari relating to his original habeas petition on January 21. The application notes that on that same day, newly-confirmed Secretary of State Marco Rubio had met with External Affairs Minister S Jaishankar.
When Prime Minister Narendra Modi arrived in Washington on February 12 to meet with Trump, Rana’s counsel received a letter from the Department of State, stating that “on February 11, 2025, the Secretary of State decided to authorise” Rana’s "surrender to India,” pursuant to the “Extradition Treaty between the United States and India”.
Rana’s Counsel requested from the State Department the complete administrative record on which Secretary Rubio based his decision to authorize Rana’s surrender to India.
The Counsel also requested immediate information of any commitment the United States has obtained from India with respect to Rana’s treatment. “The government declined to provide any information in response to these requests,” the application said.
It added that given Rana’s underlying health conditions and the State Department’s findings regarding the treatment of prisoners, it is very likely “Rana will not survive long enough to be tried in India".
During a joint press conference with Prime Minister Modi in the White House in February, President Donald Trump announced that his administration has approved the extradition of "very evil" Rana, wanted by Indian law enforcement agencies for his role in the 26/11 Mumbai terror attacks, "to face justice in India”.
A total of 166 people, including six Americans, were killed in the 2008 Mumbai terror attacks in which 10 Pakistani terrorists laid a more than 60-hour siege, attacking and killing people at iconic and vital locations in Mumbai.
