The Supreme Court on Thursday refused to consider an urgent hearing of a public interest litigation seeking a ban on stubble burning in Delhi’s surrounding areas.
Chief Justice of India DY Chandrachud told the petitioner appearing in person, advocate Shashank Shekhar Jha, that the issue is beyond the scope of judicial interference and that imposing a ban on stubble burning and enforcing it against every farmer will not end pollution.
“Let’s look at finding better solutions,” he said while declining the request for an urgent hearing despite the court’s order of agreeing to hear it today on November 5, 2022.
Jha in his plea sought the appointment of a “high-level committee” headed by a retired Supreme Court judge in order to tackle the air-pollution crisis due to stubble burning.
“Stubble burning and farm fires from September 15 to October 31 have increased by 21% this year in Punjab shows reason for Delhi choking more this year… with Delhi’s AQI falling in the ‘hazardous’ category, citizens experience severe throat and nose infections in the capital city with nose and throat infections jumping by 90%,” Jha contended in his petition.
He argued that the state governments of Delhi, Punjab, Haryana, and Uttar Pradesh should be personally responsible for making sure that there is no case of stubble burning anywhere
“Issue an order or guidelines to each and every state to take necessary measures in order to reduce the pollution including installation of smog-towers, plantation drive, affordable public transport, etc,” he said in the plea filed in his personal capacity.
The matter is of grave concern, which requires the immediate intervention of the court, Jha’s petition highlighted, adding that the situation is directly against the Right to Life (Article 21) of people at large. He stated that it is also his responsibility under Fundamental Duties (Article 51A), to file the petition, so as to guide the country in a positive framework and avoid it from becoming sick when a due course is available.
A 17-year-old college student, Aditya Dubey, in 2020, filed a PIL regarding the alarming levels of air pollution in Delhi.
“We feel that nothing is happening and the pollution keeps increasing and only time is being wasted,” the then Chief Justice NV Ramana had said during the hearing in Dubey’s plea in December last year. The case has not been taken up in the Supreme Court since mid-December.
Though the apex court’s order last year listed construction activities, transport, coal-run power plants, and nonessential industries as the main contributors to the national capital region’s air pollution, toxic smog continues to cause havoc.
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