SC junks plea seeking quashing of FIRs for sale, use of green crackers

Observing that a PIL cannot be maintainable for quashing FIRs, a bench of justices MR Shah and BV Nagarathna said, “No such relief quashing the FIRs can be granted in exercise of powers under Article 32 of the Constitution of India.”

The Supreme Court on Friday refused to entertain a public interest litigation (PIL) that sought a blanket order to quash all criminal cases against people who purchased, sold or used green crackers in the days before Diwali.

The Supreme Court (HT Photo)

Observing that a PIL cannot be maintainable for quashing FIRs, a bench of justices MR Shah and BV Nagarathna said, “No such relief quashing the FIRs can be granted in exercise of powers under Article 32 of the Constitution of India.”

The petition filed by one Sanjeev Newar and Swati Goel Sharma was argued by advocate Shashank Shekhar who submitted that the FIRs were in violation of the top court’s orders, which permitted the use of green crackers.

“People have been arrested for purchasing and selling crackers which are labelled as green crackers, which is in clear violation of this Court’s orders which did not impose a blanket ban on sale or use of crackers,” Shekhar said. He made the Centre and states parties and requested the Court to set aside the FIRs as the use of green crackers was intended by the top court which is not injurious to the health of citizens, particularly children and senior citizens.

The bench said, “Whether the fire crackers used were injurious to health is a question to be considered at the time of trial. We have never seen an Article 32 petition been filed to quash FIRs.”