New Delhi: The Supreme Court on Wednesday condemned the apathy shown by state governments, Punjab and Haryana, in finding a solution to the menace of stubble burning, one of the major contributors towards air pollution in the capital, which has existed for decades.
The apex court also minced no words in criticizing the Punjab government, for its inaction in prosecuting the violators, saying that the state should declare itself “helpless”, as it cannot prosecute anybody. The apex court has summoned the chief secretaries of both Punjab and Haryana, saying that the attitude of the state governments is "complete defiance".
A bench led by Justice Abhay S Oka directed the Commission for Air Quality Management (CAQM) to take penal action against Haryana government officials for failure to take action against the violators. The apex court also pulled up the Haryana government over the non-prosecution of violators found guilty of stubble burning and summoned the state chief secretary to appear before it on October 23. The bench, also comprising justices Ahsanuddin Amanullah, and A.G. Masih, said CAQM has become a toothless tiger.
The bench asked the Haryana government’s counsel, why no prosecution for violation of orders. “This is not a political matter. If the chief secretary is acting at somebody's behest, we will issue summons against them as well”, said the bench.
“Next Wednesday we are going to physically call the chief secretary and explain everything. Nothing has been done, same is true with the Punjab government. The attitude is of complete defiance”, added the bench.
The bench noted that ISRO informs the state of the location of stubble burning fires and the officials say fire locations were not found. The bench asked Haryana’s counsel, what is the hesitation in prosecuting people?
In connection with the issue of stubble burning, the Advocate General (AG) of Punjab submitted that there is a huge financial ramification due to the area under paddy in the state.
Justice Oka said: “Please tell us, implementing your own notification of 2013, filing prosecution under the Environment Protection Act, does it involve financial implication? What financial implications are involved in implementing the orders of the court?” Punjab AG clarified there is no financial implication, and added farmers are causing a lot of law-and-order problems and they have to be diplomatically engaged in a dialogue.
Justice Oka said, “Then, in fairness go to the commission and apply for modification of their direction, if you have courage to do that, please go there and tell them we will not prosecute anybody, we are helpless so modify the order”.
Punjab AG submitted that last year, the state faced a tough situation: the IG of the area personally went to stop fire in many villages, and the deputy commissioner, who went on site, was surrounded by villagers at the periphery of the village, and it is very difficult to implement these directions on the ground.
“Ultimately, what you are saying is let people suffer from air pollution. We are helpless….we will make false statements before the Supreme Court, we will not implement the directions of the court…”, said Justice Oka.
The AG said the state is duty bound and it is not running away from its responsibility, and it is a slightly challenging job on the ground, and requested the bench to give time to the state for a week. “Why are you not implementing the 11-year-old order passed by the state….the chief secretary is bold enough to mention this 2013 order and then say we will not do anything”, said Justice Oka. Justice Amanullah said every day counts and now, the air pollution has already started in the capital, and “it is too late now, cannot give you the indulgence for a week”.
The apex court, in its order regarding Punjab, recorded that “there is not a single prosecution of a single person though the affidavit accepts that there have been contraventions”.
The apex court said that in an affidavit by the Punjab government, it is stated that the fire incidents reported as per ISRO protocol is 267, and it is claimed that action was taken against all 267 and nominal fine has been recovered from only 103, an FIR has been against 14 violators, and complaints have been filed only against five persons. “Out 267 violators, nominal action has been taken against 122 violators”, said the bench.
The apex court said the problem which contributes towards air pollution has existed for decades but still, the state governments are struggling to find a solution. “We direct the chief secretary of Punjab to be personally present in the court on the next Wednesday. He must explain the defaults made by the state. We direct the commission to take suitable action against the officials of the state on non-compliance…central government will submit compliance report on the next date”, said the bench, in its order.
The apex court had earlier rapped the Air Quality Commission over its failure to curb air pollution in Delhi due to stubble burning in the neighbouring states. The apex court was hearing a matter regarding severe air pollution in Delhi.
