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Supreme Court pulls up Punjab, Haryana over farm fires, says prosecute officials
The Supreme Court rebuked Punjab and Haryana govts for their approach, saying, ”It is a very serious issue of pollution and you are dealing with it so casually”
NEW DELHI: The Supreme Court on Wednesday pulled up Punjab and Haryana for tolerating farm fires by collecting nominal fines without initiating criminal prosecution against a single farmer under the Commission for Air Quality Management (CAQM) in NCR & Adjoining Areas Act, 2021.
A bench headed by justice Abhay S Oka also ordered penal action against officials of the two state governments for breaching the commission’s order and summoned the two chief secretaries to appear before it on October 23 and explain why no stringent action was taken either against the offending farmers or officials who failed to carry out the prosecution.
“So you are saying let people suffer from pollution and we cannot do anything about it. It is a very serious issue of pollution and you are dealing with it so casually,” the bench, also comprising justices Ahsanuddin Amanullah and Augustine George Masih, observed during Wednesday’s hearing on stubble burning as part of a long-standing case on pollution in Delhi.
The two states had filed affidavits, where Haryana said that 191 stubble fires had been reported since last month, while Punjab reported 267 stubble fires as on October 12. The Punjab government said that fines were imposed and recovered in 103 cases and first information reports (FIR) were registered against 19 violators under provisions of the Bharatiya Nyaya Sanhita and Environment Protection Act.
To be sure, according to Punjab Pollution Control Board (PPCB) data, farm fires across Punjab have crossed the 1,000 mark with the state reporting at least new 173 instances of stubble burning on Tuesday.
The bench noted that not a single prosecution had been initiated by the two states for violating the commission’s orders under the CAQM Act which provides for a maximum jail term of five years and a fine up to ₹1 crore.
“We direct the CAQM or suitable authorities to take action against officials of the states by invoking Section 14 of the Act for non compliance,” the bench said, observing that this was the only way to enforce these orders. “Otherwise, the commission will remain a toothless tiger… The order of CAQM is three years old. The problem of air pollution has existed for decades but still states are struggling to find solutions under the statute.”
The bench also noted that Punjab issued an order way back on October 22, 2013, that prohibited stubble burning. A violation of this directive was to be penalised by imprisonment for three months or a ₹10,000 fine.
“Orders are of no use unless criminal action is taken. What are you doing about your orders for the past 11 years? Are you saying there is not a single violation since 2013. Why are you trying to save people?” the court asked Punjab’s advocate general Gurminder Singh.
Singh submitted the order had been practically impossible to implement on the ground as officials who went to stop farm fires after the 2013 order were picketed and detained.
The bench shot back. “The order of 2021 passed by CAQM binds you. You are simply tolerating breaches by people. We find there is gross defiance of this order… If you have the courage, go to CAQM and seek an amendment”.
Turning to Haryana, the court noted that it hadn’t initiated prosecution against even one of the 191 violations reported since September. “It is complete insensitivity on the part of the chief secretary. There cannot be any political compulsion. Some politicians may be bothered about it but you are the chief secretary. You are encouraging them to breach the law by paying nominal fines. They will be happy if nobody is to be prosecuted,” the bench said.
The court also asked the CAQM to point out the expert agencies assisting the commission on air pollution and noted that the meetings of the sub-committee tasked with the enforcement of commission orders were marked with mass absenteeism. In its latest meeting held on October 8, eight members were absent.
The court also asked the commission to consider what could be done if states were unwilling to prosecute farmers. “The approach of states seems to be that we will collect fines while the stubble burning may continue. They are happy that nobody is going to touch them. This fine is hardly a deterrent. It is an incentive to burn rather than to prevent.”
