Chief Justice of India (CJI) N.V. Ramana on Wednesday reproached the “inertia” of the bureaucracy who waits for the court to pass orders, from stopping vehicles to dousing fires, to clean the Capital’s polluted air.
Justice Surya Kant, on the Bench, in his turn, noted that people sitting in five-star and seven-star hotels in Delhi cannot blame farmers for stubble burning and need to understand their plight.
Justice D.Y. Chandrachud asked if the government had any “positive steps” in hand that would help immediately clear the smog currently enveloping the Capital.
The Bench raised doubts about the efficacy of the measures adopted by the Commission for Air Quality Management (CAQM) in the National Capital Region and adjoining areas in an emergency meeting.
Solicitor General Tushar Mehta said Meteorological Department scientists, who were a part of the emergency meeting, had assured that the “situation would be better after November 21”. He suggested waiting till then before taking “harsh steps” like a complete lockdown in the Capital.
“So you are saying, nature will come to the rescue by November 21,” Justice Kant queried.
“In the entire country, what I have observed as a judge, and earlier as Advocate General, is that the bureaucracy has developed an inertia, an apathy... They wait for the court to pass an order even on things like how to stop a car or a fire by using a bucket or a mop... This is the attitude developed by the Executive. The meeting should have decided on the steps and said these are our directions to be implemented. We could have completed this hearing in two minutes... It is unfortunate the Executive has come to this... They just say ‘let the court pass the order and we will sign’,” Chief Justice Ramana said towards the end of the hearing.
The court would consider the prospect of ordering a complete shutdown after November 21, he stated, but asked why the government had not taken steps earlier to rein in industrial activity, construction debris, etc, which spew pollutants 365 days a year, unlike stubble burning, which was only seasonal.
Mr. Mehta acknowledged that “something has been done and more needs to be done”. He complained of “nasty and irresponsible utterances” made in the media that he submitted in the last hearing that stubble burning contributed only 10% to the pollution. The government affidavit had clearly pegged the impact of farm fires at 35% to 40% in October and November.
“Debates on TV are creating more pollution... Statements are made out of context. Everybody has their own agenda... We are focussing on a solution here,” the CJI advised.
Stubble burning
Justice Kant, referring to stubble burning, said the question was not about “percentage”.
“Irrespective of the percentage of contribution, the cardinal question was what the government had done to incentivise farmers to stop stubble burning. “Whether it is 10% or 5%, have you looked at the plight of farmers and what prompts them to resort to stubble burning? Under what circumstances they do that? People sitting in Delhi in five-star and seven-star hotels need to understand them...”, he stated.
The CJI observed, “We cannot penalise farmers. We have asked the States to persuade the farmers against stubble burning... Farmers do not have the money... Firecrackers also see a spurt after Diwali for 10 to 15 days... Can you say firecrackers is not a contributor to pollution?”
Justice Kant said, “Every October and November we assemble on this problem of pollution. Every time the court has to take the initiative”.
The debate started shortly after Mr. Mehta briefed the court about the measures adopted by the CAQM to curb pollution caused by industry, thermal power plants, dust, vehicular transport, including entry of trucks carrying non-essential goods into Delhi. He informed that schools and colleges have been closed. Work from home had been encouraged.
Central staff work
The court asked why the Central employees have to come to work.
“You do not 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 stated that restricting the attendance at Central offices in Delhi would have “pan-India ramifications”. The contribution to pollution caused by Central staff attending office would only be minimum. The government was open to car-pooling and arranging public transport for them.
The Delhi government noted that it had done 90% of what the Air Quality Commission has adopted. Senior advocate A.M. Singhvi, for Delhi, pointed out that the steps recommended by the commission were “modelled” on Delhi.
Road sweepers
Justice Chandrachud asked about the number of mechanised road sweepers purchased.
Previously, the court found that only 69 sweepers were operational.
Mr. Singhvi said the municipal corporations have asked for 15 and the government had assured financial support.
“Just 15 for thousands of km?”, Justice Chandrachud wondered.
Justice Kant, referring to a measure to ban vehicles above 10 to 15 years from the Delhi roads, asked how long it would take to even identify these vehicles.
“We are talking about immediate measures... Why can’t you insist only on public transport plying for now. Stop private vehicles,” he suggested. He again asked who would be responsible for stopping trucks and high-end cars in Delhi.
Peripheral States’ role
The court, however, acknowledged Mr. Singhvi’s submission that Delhi’s measures would be fruitful only if the peripheral States joined in the effort.
Haryana, like Delhi, claimed it had implemented “90%” of the measures, including work from home.
Punjab said it had formed over a 1,000 teams to travel to villages and stop farm fires, at times extinguishing them.
“And what happens to the stubble left in the fields. Have you left farmers to the mercy of God,” Justice Kant asked.
Punjab’s submission
The Punjab counsel stressed that it was in the process of purchasing more machines to remove the stubble. The State was working hard to change the “mindset” of farmers. The number of farm fires had considerably lessened.
Senior advocate Vikas Singh observed that the problem of stubble burning was endemic. It started in 2016, which saw the highest farm fires, and this year threatened to echo 2016. Farmers should be compelled to switch to stubble removal machines, as burning was not good for them in the long run. “Delhi is gasping,” he pointed out.
The court scheduled the next hearing on November 24.
