The Top court today struck down a plea requesting dismissing of FIRs against citizens who sold, purchased and burst“green crackers”.
Two member bench composed of Justices MR Shah and BV Nagarathna noted that the PIL for dismissing of FIRs is not maintainable and dismissed the same.
Petitioners Sanjeev Newar and Swati Goel Sharma and petitioner’s lawyer Shashank Shekhar argued that the FIRs were obstructive against the apex court’s order, which allowed the use of green crackers.
Advocate Shashank Shekhar strongly said that “People have been charged for utilising and selling of crackers which are mentioned as green crackers, which is in transparent obstacle of this Court’s orders which did not noted a indiscriminate prohibition on sale or use of crackers”.
The Bench delivered that if the FIR charged citizens are unhappy, then they should approach the respective high Court under section 482 CRPC for dismissal of the FIRs and a Writ Petition under Article 32 is not maintainable for the said reason.
The Present case the bench today dealing a plea came under Article 32 for dismissal of FIRs against citizens who sold, purchased and burst “green crackers”. The Petitioner said that as per instructions delivered by the Apex Court in Arjun Gopal vs Union of India, there is no indiscriminate prohibition on the sale/purchase/use of crackers and that “green crackers” are permitted.
The court today said that whether the FIR charged citizens or accused citizens had been utilising green crackers or not, is a subject matter of trial.