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SC appoints ex-judge to monitor stubble burning in Punjab, Haryana, UP
Former Supreme Court judge, Justice Madan B Lokur, who has heard several cases on the capital’s bad air during his tenure in the apex court has also been given powers to inspect farmland where incidence of stubble burning is likely to take place.
The Supreme Court on Friday appointed a one-man monitoring committee headed by former Supreme Court judge, Justice Madan B Lokur to address the issue of air pollution in the National Capital Region (NCR), giving him wide powers to direct states of Punjab, Haryana, and Uttar Pradesh to take additional measures to control stubble burning , a significant contributor to the capital’s bad air.
It also put him in charge of other bodies and agencies trying to do this — such as the statutory authority assisting the Court, the Environment Pollution (Prevention and Control) Authority or EPCA.
Lokur, who has heard several cases on the capital’s bad air during his tenure in the apex court has also been given powers to inspect farmland where incidence of stubble burning is likely to take place. He is expected to file a report on October 26, when the matter will be heard next.
In effect, the former judge is Delhi’s informal Air Commissioner.
The annual issue about the bad air in NCR usually gets bounced around various state governments and the Centre, with each blaming the other. This year, for instance, Union environment minister Prakash Javadekar attributed the rise in pollution over the Capital to local factors, following which Delhi chief minister Arvind Kejriwal tweeted that “staying in denial will not help”.
Speaking to HT, Justice Lokur said, “I am yet to go through the order. I will only comment after reading the Court’s decision.”
Also Read: Farm fires increase in Punjab, Haryana despite assurances
Air Quality in the capital entered the poor category with the Air Quality Index (AQI) recorded at 207 on October 6, and very poor category (304) on October 14. On Friday, the AQI was 235 (poor), according to the System of Air Quality, Weather Forecasting and Research (SAFAR).
Data from the Indian weather office shows a sharp increase in farm fires in Punjab and Haryana, with 3,517 incidents till October 15 in this harvest season, compared to a third that number last year.
The Supreme Court’s decision was welcomed by the Delhi government with Aam Aadmi Party (AAP) spokesperson Saurabh Bhardwaj saying at a press conference: “We welcome the Supreme Court’s decision in the matter. The formation of the panel proves...stubble burning is the main cause of pollution in Delhi.”
On Friday, a three-judge bench of the Supreme Court, headed by Chief Justice of India (CJI) SA Bobde said: “It is necessary that there must be some monitoring of stubble burning with a view to its prevention before it assumes abnormal proportions. We accordingly appoint Justice Madan Lokur, a former Judge of this Court, to act as the one-man Monitoring Committee to monitor the measures taken by the States to prevent stubble burning.”
So far, this function was being carried out by EPCA.
According to senior advocate Sanjay Parikh, who is a regular practitioner in environment-related laws, the step from the Court is one in positive direction. “With the appointment of Justice Madan Lokur, the Court will be ably assisted in tackling the issue of stubble burning. But experience has shown that states hardly cooperate in such efforts. We already saw today Solicitor General opposing the Court’s decision to appoint Justice Lokur.”
The bench directed the Chief Secretaries of Punjab, Haryana, Uttar Pradesh and Delhi to render all assistance to Justice Lokur to enable physical surveillance of fields where stubble is likely to be burnt and devise additional means and methods for preventing the burning of stubble.
For carrying out surveillance, the Court left it open to the one-man Committee to engage services of National Cadet Corps, National Service Scheme (NSS), and Bharat Scouts and Guides to be deployed for assisting in the monitoring of stubble burning . However, the constitution of the Committee will not mean that other authorities in the state and EPCA will remain muted.
Also Read| Behind Delhi’s polluted air: Early stubble fires, weather
The bench said, “Teams already in existence in the States, which are meant for the purpose of preventing stubble burning shall report to and take instructions from Justice Lokur.”
EPCA as well as state and Central authorities working on stubble burning will continue their functions and provide assistance to the Committee, the order said.
The order was passed by the court while hearing a public interest litigation (PIL) filed by two young environmental activists who demanded ban on stubble burning due to its harmful effects on health of citizens. Senior advocate Vikas Singh who argued the petition suggested the name of Justice Lokur. “A person of that stature who has dealt with the issue of stubble burning while a judge can be given powers to direct states to enforce Supreme Court’s past orders,” he said.
Punjab filed an affidavit detailing how the state had employed a mobile app to track stubble burning through satellites. Senior advocate PS Narsimha appearing for Punjab government said, “We have 8000 nodal officers on the field to respond to any communication received about stubble fires.”
Uttar Pradesh was not a party to the petition and hence did not appear but Haryana argued that sufficient steps were in place in the state to prevent stubble burning as compared to previous years.
VIkas Singh pointed out : “On the contrary, crop burning has increased by five times this year. There is a grave concern about the quality of air in the National Capital Region (NCR) and the quality is dropping rapidly. If urgent steps are not taken, the situation will become unmanageable.”
As the Court was breaking for Dusshera holidays on October 17 and will reopen on October 26, Additional Solicitor General (ASG) Aishwarya Bhati representing the Centre urged it to have the matter posted then along with the MC Mehta case where the issue of stubble burning has been dealt with over the past six years. She pointed out that a statutory authority appointed by Central Government , EPCA , is monitoring the issue with states. After the order was passed, Solicitor General Tushar Mehta tried convincing the court to change its mind but the bench stuck to its order.
The bench, which also comprised Justices AS Bopanna and V Ramasubramanian, said: “We are concerned that citizens of Delhi-NCR should breathe good, clean air. Since we will not be in session for about nine days, we do not want the situation to get worse. The object of appointing a committee is more to facilitate and coordinate the activities of different authorities so that the problem is resolved.”
The order made it mandatory for states to extend all facilities to the committee, including transportation for physical surveillance, security of committee and mobile inspection teams, and secretarial assistance for preparing fortnightly reports.
