New Delhi:
The Supreme Court grilled the central – and Punjab and Haryana – governments on Wednesday as arguments over states’ non-compliance with, and failure to enforce, anti-pollution measures, rolled into yet another hearing, even as air quality in Delhi and the national capital region remains ‘very poor’ and prompts concern over the risk of increased respiratory diseases.
A bench of Justice Abhay S Oka, Justice A Amanullah, and Justice AG Masih, dismissed as “mere eyewash” the Punjab and Haryana governments’ efforts to stamp out farm fires – i.e., farmers burning agricultural waste – that contribute to toxic air smothering Delhi annually.
The state governments were questioned over the lack of prosecution, or even imposition of commensurate financial penalties, of farmers violating the law, and, in the case of Haryana, even suggested the failure to enforce was a “policy devised by you” to favour some farmers over others.
The top court also rapped the union government over “toothless” environmental protection laws, observing that laws meant to control pollution, specifically the Commission for Air Quality Management (CAQM) Act of 2021 had been passed sans the administrative machinery to ensure implementation.
It was also pointed out that Section 15 of the Environmental Protection Act – which covers penalties for violating anti-pollution laws – had amended so “procedure for imposing penalty cannot be followed”.
Section 15 was the “only section for enforcing the EPA”, it was pointed out, to which Additional Solicitor General Aishwarya Bhati, appearing for the centre, said it would be “fully operationalised” in 10 days.
“Not A Single Prosecution…”
Punjab was the first to feel the court’s wrath, with Justice Oka doubting its claim that 44 people had been prosecuted. “Your Advocate-General said nothing was done…” the court told senior advocate Abhishek Singhvi, appearing for the Punjab government, “… not a single prosecution.”
The court was told that Rs 11 lakh had been recovered, as fines, from 417 people violating the stubble burning laws, but declared itself unhappy at the “nominal” amounts charged.
READ | “Punjab Should Say It Is Helpless”: Top Court On Delhi Air Pollution
“You impose nominal fines…” Justice Oka observed when told fines varied from Rs 2,500 to Rs 5,000 per violator. “You have given licence to people (to commit the crime) …” he noted, also asking Mr Singhvi why 684 others violating the same law had been spared any penalty.
The Punjab government’s Chief Secretary claimed that “very small fires” were sometimes overlooked, to which the court responded sharply, “… minimum expected of you is to fine.”
Haryana Govt ‘Under Fire’
The court then moved to the Haryana government, and lamented that not one prosecution had been recorded since June 2021, when the Commission for Air Quality Management, a central government panel, issued orders to prosecute those violating the anti-farm fires law.
The Haryana government claimed success in controlling farm fires, pointing to data that claims only 655 had been reported this year (of which around 200 were found to be false flags) compared to nearly 10,000 earlier, but the court was not fully convinced.
“(If) there are around 400 fires why have only 32 police cases been filed?”
“Others have been penalised as per Section 15 of EPA… we have collected Rs 2 crore totally,” the state government responded, to which a cynical court asked, “Are you collecting under Section 15 so they can be later quashed (and amount returned to farmers) on appeal?”
The Haryana Chief Secretary sought credit for having reduced the count of farm fires but the Supreme Court was entirely unhappy, saying, “This is all hogwash… Is this some policy devised by you? So, some people are arrested, and some others just fined? We are very sceptical…”
The court also cast doubt over the drastic reduction in farm fire numbers, suggesting that many may not have been recorded. “Again… in some, police cases are registered, and in others there is nominal amount (of fine recovered). There needs to be consistency in the approach.”
“States Interested In Implementing Law”?
The Supreme Court said “there will have been at least one prosecution… if (Punjab and Haryana) are really interested in implementing the law”, and wondered aloud about “political reasons” for that failure.
Last week it was submitted that sometimes “political reasons” made it difficult to take action; Justice Oka had then said, “This is not a political issue… it is about implementation of statutory directions…”
The court had warned officials from CAQM – which it last week slammed as a “toothless wonder” for failing to enforce its orders and questioned its members’ competence – it would take action.
An irate court trained its guns on the anti-pollution panel today too.
As winter approaches Delhi and the NCR air quality levels usually plummet to sickening lows; they routinely reach 500+ (the highest measurable value) and respiratory illnesses increase.
And the warning signs are already there for this year.
Last week the Delhi government activated the second phase of its anti-pollution Graded Response Action Plan. Delhi, bracing for the usual toxic blanket that chokes the life out of it during Diwali every year has imposed an immediate ban on the production, storage, sale, and use of firecrackers.
With input from agencies
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