New Delhi, November 13
As air pollution in Delhi-NCR reaches alarming proportions, the Supreme Court on Saturday asked the Government to take immediate steps, including a possible lockdown, to deal with the “emergency” situation.
“Take some immediate control measures. If required, think of two days’ lockdown or something… how will people live?” a three-judge Bench led by Chief Justice of India NV Ramana told Solicitor General Tushar Mehta.
Describing it as a problem “beyond politics”, the Bench—which also included Justice DY Chandrachud and Justice Surya Kant—asked Mehta to call for a meeting and take some emergency measures.
“It’s a common problem. I can’t blame the states. It’s a collective problem… colour of the political party doesn’t matter… but implementation has to be at the state level,” Mehta told the Bench.
“Let me be clear…We have nothing to do with which government does it… The question is how to control the burning situation…emergency measures, short term plan on how to control this…,” the CJI said during the hearing on a PIL on air pollution in Delhi-NCR.
As the CJI said it appeared from news reports that stubble burning had increased a lot, the Solicitor General said, “Our prediction is that till 18th (November) we’ll have to take stern measures to ensure we don’t go ahead from very severe.”
“First control Delhi, then we’ll see others. call a meeting… take a decision. We want something to happen, so two-three days we’re in a position to feel better…”Why don’t you ask Punjab and Haryana Chief secretaries to cease stubble burning for a few days?” asked the CJI.
As Mehta said they were a part of a joint emergency meeting being held today, the Bench asked him to inform it about the decisions taken and posted the matter for further hearing on Monday when it will consider the measures taken/suggested in the meeting.
The Bench said the air pollution situation was so bad that people were wearing masks inside their homes.
As Mehta talked about stubble-burning in Punjab, Justice Surya Kant shot back, “Now it has become a fashion to bash farmers whether it’s Delhi govt or someone else. In Delhi, there was a ban imposed on firecrackers. Have you seen how crackers are being burnt in Delhi for the last seven days? What is Delhi Police doing? It’s an emergency situation, multiple measures are needed to be taken on the ground level.
”I am a farmer, The CJI is also from a farmer family, we know it,” Justice Kant added.
Mehta clarified that he was not even remotely suggesting that only farmers were responsible for air pollution.
Delhi Government counsel Rahul Mehra said that on September 30 AQI was 84. After a month, AQI has gone up to 471. While this court will look into many other factors, it’s probably due to stubble burning, he added.
Noting that stubble burning contributed some percentage of pollution, the Bench said the rest of the pollution in Delhi was particularly due to crackers, industries and dust.
Justice Chandrachud expressed concern about the reopening of schools after the pandemic, saying, “You’re exposing them to this pollution. This isn’t the Centre’s jurisdiction, this is under the Delhi Government…Like Dr Gulleria (of AIIMS) said, there’s pandemic and there’s pollution…”
“We are in an alarming situation, it’s like consuming 20 cigarettes a day even when we don’t smoke,” Mehra said, adding he will convey the point to the government and get back to the court.
Justice Chandrachud also talked about stubble management by incentivising farmers who have a 15-day window for sowing between two crop seasons.
