With the Centre pitching for allowing green crackers, the Supreme Court Friday indicated that it may allow the manufacture and sale of such crackers approved by the National Environmental Engineering Research Institute (NEERI) and Petroleum and Explosives Safety Organisation (PESO), to be sold in Delhi-NCR this Deepawali.The apex court was hearing the Centre’s request that the total cracker ban in Delhi and the National Capital Region be lifted to allow the sale of green crackers, subject to certain conditions.“For the time being, we will permit on a trial basis during Deepawali… We will revisit [the judgment in] Arjun Gopal [case] in the event we are inclined to and whatever has been held in it, which modifications are suggested by you and the amicus curiae, we will try to balance it out,” Chief Justice of India B R Gavai, presiding over a two-judge bench, told Solicitor General Tushar Mehta.In its October 2018 judgement in Arjun Gopal vs Union of India, SC, while refusing to order a complete ban on their sale and use, imposed stringent conditions regarding their composition and usage. It ruled that only crackers with reduced emissions (improved crackers) and green crackers that comply with permissible noise emission standards be manufactured and sold henceforth. It also banned their sale online and directed that they can be sold only through licensed traders.While hearing petitions on the issue of air pollution last year, the Supreme Court asked the governments of Delhi and states in the National Capital Region, which had already banned the manufacture and sale of fire crackers in the Region during Deepawali, to extend the ban throughout the year for all sorts of crackers, including the green ones.Subsequently, some manufacturers moved the SC seeking permission to manufacture and sell green crackers. They pointed out that the 2018 judgment did not prohibit green crackers.Centre’s suggestionsHearing it on September 26, the CJI Gavai-led bench, while allowing the manufacture of green crackers certified by NEERI and PESO in Delhi-NCR, asked the Centre to come up with a “concrete proposal” to ensure that the markets in Delhi-NCR have only such crackers before it can consider the prayer of the manufacturers to also allow the sale of such crackers in the region.Story continues below this adResponding to this Friday, the Centre, while urging the court to allow green crackers, told the bench that only those approved by NEERI should be permitted to be manufactured and sold. It added that the NCR state governments, including Delhi, will ensure that joint firecrackers or laris are not manufactured, sold or used in NCR.The Centre also suggested that the sale be allowed only through licensed traders, not on e-commerce websites such as Flipkart or Amazon, among others.Advocate Uttara Babbar, who is the Amicus Curiae in the case, pointed out that PESO has no chemical testing lab in NCR and relies on the Forensic Sciences Laboratory for sample analysis. She said that, as per the report of the Commission for Air Quality Management (CAQM), out of the 55 samples which were sent in 2022, they had received reports only for four samples in the last three years. “So for 51 samples, there has been no report.”CJI Gavai, “We will direct the Delhi Government to establish a mechanism for proper testing, and they should install it immediately.”Story continues below this adAdvocate Uttara Babbar said NCT must increase its capability. Otherwise, if there is no data, there will not be enforcement, she added.Random samplesJustice Chandran, however, pointed out that there was just one more week remaining for Diwali, and expressed doubts about whether anything could be set up in such a short span of time. “What we can do is ask them to take random samples, which, if found problematic, they can also take action against manufacturers,” said Justice Chandran.When CJI Gavai pointed out that there is now a product-specific QR code as well, Babbar said that, as per the CAQM report, it was being misused.Justice Chandran said, “That’s why we are going to ask them to take random samples. The police and PESO take random samples. That will be sufficient caution not to introduce firecrackers with any other material. We have to test it. The industry is also suffering… the workers, marginalised sections of people. That’s what Arjun Gopal [judgement] also said – balancing.”Story continues below this adIn the Arjun Gopal judgement, the apex court also fixed the duration for bursting crackers for various festivals and said they can be burst only in designated areas. For Diwali, it noted that the crackers could be burst from 8 pm to 10 pm.On Friday, Mehta also sought a relaxation in the time limit, saying the two hours may not be enough. Senior Advocate Sai Deepak urged the court to consider allowing time in the morning as well, since some festivities are held during the day.Mehta said that Delhi, being a cosmopolitan, has people from all over the country. He said there would be celebrations in the morning or the afternoon, depending on the communities, and urged the court to consider relaxing the time limit, too, given the peculiar situation.The court reserved its order in the matter.