Centre Opposes Amicus's Suggestion To Form Panel Of Former SC Judges To Deal With Stubble Burning Issue

The Central Government on Friday (November 22) opposed a proposal made to constitute a committee comprising of former judges to monitor the implementation of measures to reduce stubble burning which contributes to air pollution in Delhi-NCR. The suggestion was made by Senior Advocate Aparajita Singh, the amicus curiae appointed by the Supreme Court in the MC Mehta case.

Singh told a bench comprising Justice Abhay S Oka and Justice Augustine George Masih that there are Supreme Court judges who have dealt with the issues relating to stubble burning and vehicular pollution affecting Delhi's air quality in the past. Therefore, she proposed that a committee consisting of these judges be formed.

"My suggestion is that there are four judges who have vigorously monitored these matters. Make a committee of those judges because they know the issues and they know the problem and let them hear each and every individual, the farmers, the government," Singh submitted.

Additional Solicitor General of India Aishwarya Bhati stoutly opposed the suggestion saying that the Centre and the Commission for Air Quality Management(CAQM) were taking adequate steps.

"We are strongly opposing this. Please do not create any more tiers. There is no judicial application of mind that is required. Your lordships are already monitoring," ASG Bhati said. When the amicus said that she was proposing only a fact-finding committee, ASG Bhati retorted, "We are doing the best of our capacity. We are coming here answering everything, mending our ways and we are progressing.

In October 2020, the Supreme Court had formed a panel headed by former SC judge Justice Madan B Lokur to tackle the issues relating to stubble burning. However, very soon, the Centre promulgated an Ordinance to constitute the CAQM and the Court recalled its order forming the Justice Lokur panel.

On The Issue Of Stubble Burning

During the hearing today,  Senior Advocate Gopal Sankaranarayanan, appearing for one of the petitioners, pointed out that before 2009, the stubble burning would take place at a different time period, now the stubble burning is adding to the pollution because of the direction of winds in the present season.

The Court during the hearing expressed concerns about the lack of effective mechanism to check the entry of trucks in Delhi NCR.

"Somebody has to be answerable. The percentage of pollution caused by these trucks is a very large percentage. This is the look out of the police and the Delhi government," Justice Oka said.

The Counsel appearing for NCT Delhi informed the bench that 13 entry points have been identified where entry of such trucks has been stopped. 

Seemingly unconvinced with the reply, Justice Oka remarked, "This is meaningless if you're not providing the list of the entry points. It cannot be verified."   

Court's Directions On Entry Check Points To Monitor Trucks Moving Into National Capital 

The Court in its detailed order today observed that inadequate efforts were made to comply with the GRAP IV measures. 

"So far as compliance with action no. 1 and 2 (stopping entry of trucks and entry of LCVs registered outside Delhi) of stage 4 is concerned, we are not satisfied with the affidavit of the Delhi government."

While the amicus pointed out that there were 113 total entry points in Delhi, the Counsel for Delhi Government on instruction stated that vigil is maintained primarily only at 13 major entry points. This meant that 100 other entry points remained unmonitored. 

Considering the above, the following directions were passed : 

(1) Delhi government and the Delhi Police to ensure that check posts are immediately set up at all 113 entry points to the state; 

(2) The personnel who are going to man the entry points must be clearly informed about what are the accepted items which are mentioned in clause 3 of order dated 18 November, 2024 issued by the government of Delhi; 

(3)Trucks and other vehicles covered by clauses 1 and 2 carrying only the items mentioned in clause 3 of order dated 18 November 2024 shall be allowed entry; 

(4) The authorities concerned shall immediately hand over the footage of what is recorded at these 13 entry points to the learned amicus curiae at the earliest. The CCTV footage shall be from the date of 18th November; 

The Court was also content to see young members from the bar volunteering to act as Court Commissioners. Accordingly, 13 Court Commissioners were appointed to survey the entry points by tomorrow and submit their report by Monday

"The nodal officer so appointed shall get in touch with the 13 members of the bar. That will ensure that the visit of 13 members of the bar to various entry points is facilitated"

"We leave it to the 13 court commissioners appointed to decide who will visit which entry point. Needless to add that their job will be to ascertain whether the clauses 1 and 2 of stage 4 are being implemented at whichever entry point they visit." the Court added. 

At the concluding end of the proceedings, Justice Oka also expressed that subject to the approval of the CJI, the Court may separately hear the issue of stubble burning and measures to be taken entirely for a day.