Form of words:
New Delhi: The Supreme Court on Thursday indicated that it may form a “task force” to oversee the implementation of pollution control measures in the national capital if the central government fails to take “actual action”.
Condoling the failure of government officials to control the rising air pollution levels, a three-judge special bench headed by Chief Justice of India NV Ramana questioned the existence of a 20-30-member panel if they were “creativity”. Can’t work with”. state of emergency.
“Mr Mehta, we expect a serious genuine action, if you can’t do it by tomorrow, we are going to do it. We are giving you 24 hours,” CJI Ramana told Solicitor General Tushar during the hearing. told Mehta.
The bench was hearing a PIL filed by 19-year-old citizen Aditya Dubey on the deteriorating air quality of Delhi.
The Solicitor General requested the bench for some time to respond to the concerns of the court. The law officer said that he will talk to the highest authority on how to deal with the current crisis and will come back with some additional measures.
The court took adverse remarks when it was pointed out that the Air Quality Management Commission – constituted after the winding up of the court-mandated Environment Pollution (Prevention and Control) Authority in October 2020 – had issued directions to the states and it was for the latter. to implement them.
in one Affidavit Filed before the top court, the Center sought the latter’s intervention so that the commission’s directions could be followed by the states. However, Mehta on Thursday opposed the court’s idea of setting up another task force and insisted that the commission was functioning effectively.
But the bench questioned the role of the panel and expressed disappointment that even the sources of pollution have not been properly identified so far.
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‘Promoting creativity is not the job of the court’
During the hearing, as Mehta made submissions on behalf of the Centre, the bench questioned the results even before their conclusion.
He said, ‘If you are taking steps, then where is the problem? Why is pollution not decreasing? We have been giving guidelines. You are making a loud statement. There is no longer the problem of burning stubble. So why didn’t it come down?” The bench observed.
When asked about the major sources of pollution, Mehta said the commission has identified industrial and vehicular emissions as the primary causes.
Though the Solicitor General insisted on continuous monitoring by the statutory authorities and submitted data on penalties imposed in cases of violation, the bench refused to listen to him.
“We feel that nothing is happening as the level of pollution is increasing. We feel that we are wasting our time,” remarked the CJI. “If the courts, the government and everyone else is doing so much, then why is pollution increasing,” it said.
“What is the commission doing? In emergencies you have to act quickly and with creativity. What’s the point of having a 20-30-member commission, it’s another burden on the state exchequer. We have to do something extraordinary otherwise it won’t work.” Will do,” the bench remarked on the functioning of the commission.
As they gave Mehta a day to respond, the judges said it was not the court’s job to infuse “creativity” into the bureaucracy.
The petitioner’s counsel, Senior Advocate Vikas Singh also proposed the formation of a new task force to conduct surprise checks and inspections of construction sites or industries. He informed the bench that many rules have been prescribed, but the problem was the lack of implementation at the ground level.
However, senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, argued against the formation of the new agency. He said the multiplicity of agencies “could add to the confusion”.
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Delhi government also pulled up
The Supreme Court bench also slammed the Delhi government for reopening schools in the city, even as the national capital’s air quality slipped into the “severe” category.
On behalf of the Delhi government, Singhvi said that due to the low level of pollution, the schools were reopened. However, the option of online school is still available and only those who give consent physically attend the school. He argued that the closure of schools would cause students to experience “learning loss”.
When the senior counsel said that the state was ready to abide by the court’s directions on closure of schools, the bench retorted, saying “don’t use our shoulders”.
“You are the government so you have to take action. You are saying that whoever wants to come can come. If given the option, all those who want to stay in the house will come. You have asked the elders to sit at home, but you are letting the children go to school.
The UT administration was also pulled up for placing civil volunteers at traffic junctions with placards carrying the message to turn off the engine of the car at red signals. The bench said the government was putting the health of the volunteers at risk and termed it a “populist measure”.
(Edited by Amit Upadhyay)
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