CJI says court will consider possibility of ordering complete shutdown after November 21
The Supreme Court on Wednesday slammed the “inaction” of the bureaucracy, which waited for the court to pass an order from “how to stop the car, stop the fire using bucket or mop” to clean the air of the capital. Is.
The Chief Justice of India (CJI) NV Ramana, headed by a special bench comprising Justices DY Chandrachud and Surya Kant, questioned the efficacy of the steps taken by the Commission for Air Quality Management (CAQM) in the National Capital Region. During an emergency meeting organized to reduce pollution levels in NCR) and surrounding areas.
“All over the country, what I have observed, as a judge and first as solicitor general, is that the bureaucracy has developed an inertia, an indifference … by using a car or a fire bucket or mop … This is the approach developed by the executive. The meeting should have decided on the steps and said that these are our instructions which have to be implemented. We could have completed this hearing in two minutes… It is unfortunate that the executive is on this. It has come… they just say ‘let the court pass the order and we will sign’, Chief Justice Ramana said orally.
on 15 November, Court asks Center to call emergency meeting Quick of CAQM.
CJI’s remarks to the court by Solicitor General Tushar Mehta regarding measures adopted by CAQM to prevent pollution caused by transport of industries, thermal power plants, dust, vehicles including entry of trucks carrying non-essential goods into Delhi I came after giving information. He told the court that schools and colleges have been closed. Work from home was promoted.
central employee work
The court asked why the central employees were having to come to work.
“You don’t need 100% staff, all coming in their cars. You had restricted during COVID-19. Instead of 100 people coming, you can have 50,” the CJI said.
Mr Mehta said restricting attendance at central offices in Delhi would have “a pan-India impact”. The contribution to pollution caused by Central Government employees visiting the office will be minimal. The government was ready to arrange car-pooling and public transport for them.
The scientists of the Meteorological Department, who attended the emergency meeting, had assured that the situation would improve after November 21. Suggestions wait till then before taking “drastic steps” like a complete lockdown in the capital, he submitted.
“So you are saying, by November 21, nature will come to the rescue?”, Justice Kant asked.
Mr Mehta acknowledged that “something has been done and more needs to be done”.
The CJI said the court would consider the possibility of ordering a complete shutdown after November 21, but asked why the government had not taken the first steps to curb industrial activity, construction debris, etc., which polluters 365 days a year. The opposite of burning is the opposite of stubble burning. , which is only a seasonal phenomenon.
The law officer complained of “bad and irresponsible statements” made in the media, which he submitted in the last hearing that stubble burning contributed only 10% to pollution. The government affidavit apparently pegged the impact of farm fires at 35% to 40% in October and November.
The court said it was not interested in the blame game. Every media organization has its own statistics. “The debate on TV is creating more pollution… the statements are taken out of context. Everyone has their own agenda… We are focusing on solutions here.”
stubble burning
Justice Kant said that irrespective of the percentage of contribution, the main question was what did the government do to encourage farmers to stop stubble burning. “Whether it is 10% or 5%, have you noticed the plight of farmers and what motivates them to burn stubble? Under what circumstances do they do this? People sitting in five star and seven star hotels in Delhi need to understand…”, he said.
The CJI said, “We cannot punish the farmers. We have asked the states to persuade the farmers against stubble burning…Farmers have no money…after Diwali, there is also a boom in firecrackers for 10 to 15 days…can you say that? Do not firecrackers contribute to pollution? ,
Justice Kant asked, ‘Every October and November we gather on this problem of pollution. Every time the court has to take the initiative.”
“Apart from enforcement, what positive steps have you taken which will have an impact on the ground in the next few days”, Justice Chandrachud asked.
The Delhi government said that it has done 90% of what the Air Quality Commission has adopted. AM Singhvi, senior advocate for Delhi, pointed out that the steps recommended by the commission were a “model” on Delhi.
street sweeper
Justice Chandrachud asked how many new mechanized road sweepers have been purchased.
Earlier, the court found that only 69 sweepers were working.
Mr. Singhvi said that the municipal corporations have made 15 demands and the government has assured financial assistance.
“Just 15 for thousands of kms?”, wondered Justice Chandrachud.
Referring to the measure to ban vehicles above 10 to 15 years from the roads of Delhi, Justice Kant asked how much time would it take to identify these vehicles.
“We are talking about immediate measures… why can’t you just insist on public transport for now. Stop private vehicles,” he suggested. He asked who would be responsible for stopping the trucks entering Delhi and how.
role of peripheral states
The court, however, accepted Mr. Singhvi’s submission that Delhi’s measures would be fruitful only if peripheral states join the effort.
But, in turn, Haryana claimed that like Delhi, “90%” of the measures, including work from home, have been implemented.
Punjab said it has formed over 1000 teams to travel to villages and douse the fire in the fields.
“And what happens to the stubble left in the fields. Have you left the farmers at the mercy of God,” Justice Kant asked.
surrender of punjab
Punjab’s counsel insisted that it is in the process of procuring more machines to remove the stubble. The state was working hard to change the “mindset” of the farmers. There has been a significant reduction in the incidence of fire in the fields.
Senior advocate Vikas Singh said that the problem of stubble burning is endemic. The problem began in 2016, which saw the most farm fires, and this year threatens to echo 2016. Farmers must be forced to switch to stubble removal machines, as burning was not good for them in the long run. “Delhi is gasping,” he said.
The court has fixed the next hearing on November 24.
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