Stubble burning: Supreme Court accuses Haryana, Punjab of defiance, slams them for not prosecuting cases

Supreme Court asks why a ‘majority’ of members are absent at CAQM meetings

The Supreme Court on Wednesday (October 16, 2024) slammed the States of Haryana and Punjab for their “defiant attitude” against taking penal action on persons burning crop residue ahead of the winter season and aggravating air pollution across northern parts of India, especially in and around the land-locked national capital.

A three-judge Bench headed by Justice A.S. Oka expressed its shock at Haryana’s submission that it could detect no fires despite information received from the Indian Space Research Organisation (ISRO) about their exact locations.

“ISRO tells you the locations, yet you say you could not find any fires? Why are you shy of prosecuting people? This is not a political matter… This is defiance on the part of Haryana, encouraging people to commit offences,” Justice Oka addressed the counsel appearing for Haryana.

The court said there were 191 breaches, but people got off by paying a nominal amount as a fine. Penal action was not taken in even one case.

“These people will be happy to pay the nominal fine and continue to commit these offences,” Justice Oka mused.

Justice Oka asked why the Haryana Chief Secretary, who was “no politician”, was worried about prosecuting people who violate the law. The Bench directed the Chief Secretary to be personally present in court on the next hearing on October 23.

Turning to Punjab, the apex court said the ISRO protocol had detected 267 stubble-burning incidents in the State. Of these, 103 cases were closed with payment of a nominal fine. The State had booked only 14 violators.

Punjab Advocate General Gurminder Singh explained that preventing or taking action against stubble burning was a “slightly challenging job”.

Mr. Singh said “at the tail-end of the problem were farmers”.

“Are you not able to maintain the law and order situation in the State then?” the court queried.

Mr. Singh quickly replies that the State was duty-bound to comply with the apex court’s orders.

The Bench ordered the Punjab Secretary to be present personally in court on October 23.

The court further turned to Additional Solicitor General Aishwarya Bhati, appearing for the Commission for Air Quality Management (CAQM), to note that a majority of its members were found absent during its meetings. The court also questioned the expertise and talent within the CAQM.

“Are these members experts in air pollution?” Justice Oka asked.

The court directed the Centre to provide it with a list of expert organisations in air pollution associated with the work of the CAQM.

Published - October 16, 2024 11:48 am IST