"Punjab Should Declare Itself Helpless": Supreme Court On Delhi Air Pollution

The Supreme Court - as Delhi faces (predictably) worsening air pollution levels in the city and the national capital region - slammed the Punjab and Haryana governments Wednesday, calling them out for failing to act on June 2021 orders to prosecute violators of anti-pollution laws.

The court seemed to dare the Punjab government to declare itself "helpless" to deal with multiple violations. "Let them declare 'we cannot do anything... we are helpless," it said, as it noted that Punjab and Haryana - ruled by the AAP and BJP, respectively - had not prosecuted violators, particularly farmers burning stubble, or agricultural waste, since 2021, and only imposed nominals fines.

The Commission for Air Quality Management - the central government panel that had issued orders to prosecute pollution law violators - was also criticised. It was called a "toothless wonder" for failing to enforce its own orders and its members' competence was questioned.

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A bench of Justice Abhay S Oka, Justice AG Masih, and Justice A Amanullah - hearing the issue of non-compliance with CAQM directions - set a one-week deadline to prosecute violators.

"Why is there no prosecution for violation of orders? This is not a political issue... it is about implementation of statutory directions by CAQM under Section 12..." Justice Oka said

"We will take penal action against (CAQM) officers... only then there will be action. No political considerations will apply here," he added, as the court called out the Haryana government over nearly 200 recorded cases of farm fires for which "only nominal fine has been recovered".

The court pointed out states were fed detailed information - by the Indian Space Research Organisation - about the location and size of fires caused by burning farm stubble.

"So you cannot say locations were not found... but nobody is going to prosecute, nobody is going to take action (against the violators)," he continued, "They will pay a nominal fine..."

"What is all this going on?" an angry court asked, also demanding to know if prosecution was being halted or slowed "at the instance of somebody else". "... we will issue summons to them also. What is this hesitation in prosecuting people?" the court asked of the state governments.

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Earlier this month too, the CAQM was slammed for "total non-compliance" with the law.

"Have committees been constituted? Please show us a single step taken... show us a single direction issued..." the court said, unimpressed when told the CAQM meets once in three months.

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.

On Tuesday air quality in Delhi remained 'poor' for a third consecutive day, prompting the government to activate the first phase of its anti-pollution Graded Response Action Plan.

READ | Delhi-NCR Activates Stage 1 Of Anti-Pollution Plan: What It Means

These mandate strict checks on vehicles causing pollution and better traffic management, and stricter emission controls for industries, power plants and brick kilns. It also bans open burning of waste, limits use of diesel generators, and prohibits use of coal or firewood in eateries.

The city's AQI - at 207 on Tuesday - dipped to the 'poor' zone after Dussehra.

READ | Delhi Air Quality Dips To 'Poor' As Post-Dussehra Pollution Rises

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.

But, as with the CAQM's orders, enforcement is always a problem.

The Supreme Court, which just as annually hears matters relating to air quality in Delhi, lamented this month that nothing is being done to address this problem. "Everybody knows that except discussion nothing is happening. That is the harsh reality of this," Justice Oka said.

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