Supreme Court Dismisses PIL Seeking Quashing Of FIRs Over Use Of Firecrackers During Diwali

The bench of Justices MR Shah and BV Nagarathna while dismissing the writ petition observed that, "No such relief quashing FIR's can be granted in exercise of powers under Article 32 of the Constitution."

Remarking that the aggrieved accused had the liberty to approach the High Court, the bench in its order said,

"Petitioner under art 32 of Constitution seeks to quash the FIR's by respondents number 2 to 31 herein namely Union of India and 30 states in the country in respect to selling or purchasing of green crackers. No such relief quashing FIR's can be granted in exercise of powers under Article 32 of the Constitution. If any accused is aggrieved in that case he may proceed in appropriate proceedings before appropriate high court. However the writ petition under Art 32 for quashing the FIR's stands dismissed".

The petition was filed by Sanjeev Newar and Swati Goel Sharma seeking quashing of FIR's filed by the States for selling or purchasing green crackers during Diwali.

When the matter was called for hearing, Advocate Shashank Shekhar Jha for the petitioners submitted that the Top Court in its order dated October 29, 2021 had made it clear that there was no blanket ban on firecrackers and use of green-crackers was permitted.

"Mr Counsel how 32 petition can be there on quashing FIR. You can point out to the concerned court Mr. 482. We have never seen 32 petition for quashing FIR's," remarked Justice Shah.

Responding to the remarks of the bench, Advocate Jha submitted that there were multiple FIRs in multiple states despite the order of the court stating that there is no blanket ban.

"There was section 144 invoked on night of Diwali. Several states have banned usage of firecrackers even if they are green crackers. In Delhi & Haryana people have been arrested for selling green crackers. They personally didn't know if they were allowed or not. Even if there was green crackers labelled on its, there is clear violation of SC's order," he further submitted.

"Whether firecrackers that you have used is injurious to health or not, that's a matter to be considered at the time of trial",remarked Justice Shah.

Accordingly the bench dismissed the writ petition by observing that no relief for quashing FIR's can be granted under Article 32 of the Constitution of India.

On October 29, 2021 the Supreme Court had issued a series of directions to ensure the strict implementation of its earlier orders banning the use of barium-based chemicals in fire crackers and allowing only the use of "green crackers".

The Court in its order made clear that there was no total ban on use of firecrackers and said that only those firecrackers were banned that contained barium salts.

"It is made clear that there is no total ban on use of firecrackers. Only those firecrackers are banned, as directed hereinabove, which are found to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children," Court further said.

Case Title: Sanjeev Newar v UOI