Punjab And Haryana Owe An Explanation: Supreme Court Reiterates Concern Over Reluctance To Prosecute Officials For Violating CAQM Orders On Stubble Burning

The Supreme Court on Monday (November 11) reiterated its concern over the reluctance of states of Punjab and Haryana to prosecute officials that have violated CAQM orders regarding stubble burning under Section 14 of the Commission for Air Quality Management (CAQM) Act.

A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing the MC Mehta case concerning pollution management in Delhi NCR, focusing on issues related to vehicular pollution, solid waste management, and stubble burning in the NCR states.

Regarding air pollution from stubble burning, the Court examined compliance affidavits submitted by the governments of Punjab and Haryana, which indicated a high number of farm fires during the Diwali season. The Court reiterated dissatisfaction over the reluctance of both states to take action against erring officials under Section 14 of the Commission for Air Quality Management (CAQM) Act.

“Even as of today, we find reluctance on the part of both the governments in taking action in terms of section 14 of the CAQM Act. The learned ASG appearing for the Commission states that the district magistrates in the states have been authorised to initiate prosecutions under subsection (2) of section 14. Though in earlier orders we have observed that instead of initiating prosecutions the states are busy in giving show cause notices to the officers. We are talking about flagrant breaches of the order of the commission passed 3 years back. The states owe an explanation to the court for their inaction”, the Court observed.

The states were directed to file better compliance affidavits outlining actions taken within three weeks, with the matter to be revisited on December 16, 2024.

The Court observed a “disturbing feature” in farmers approaching the Court with grievances about inadequate provision of machinery and equipment for stubble management, and emphasized that it is the responsibility of state governments to address these needs at their level.

Additionally, the Court directed the Punjab and Haryana governments to raise concerns regarding allegedly incorrect data from ISRO with the appropriate authorities.

As per a compliance affidavit by the Delhi Government the Environment Protection (Manner of Holding Enquiry and Imposition of Penalty) Rules, 2024, have been published in the official gazette and were now in force, alongside the CAQM Amendment Rules, 2024. The Court directed all concerned authorities, including state governments, to implement these Rules.

The Court also directed states to begin imposing penalties under Section 15 of the Environment Protection Act, 1986, noting the appointment of adjudicating officers for enforcing section 15 of the Environment Protection Act. Compliance on this direction is to be reported to the Court when states submit affidavits regarding Section 14 of the CAQM Act.

Previously, on October 23, the Supreme Court had emphasized that stubble burning, beyond being a legal violation, infringes on citizens' fundamental right to a pollution-free environment under Article 21 of the Constitution. The Court highlighted the ineffectiveness of Section 15 of the Environment Protection Act, 1986, as it had been rendered “toothless” after the Jan Vishwas Amendment in 2023 replaced punishments with penalties and the centre did not establish machinery to impose the penalties. ASG Bhati had assured the Court that within two weeks, necessary machinery would be operationalized to enforce the penalties.

The Court will hear the issue of pollution caused by vehicles on November 25, 2024. The issue of the Court's directions regarding color-coded vehicle stickers is set for further consideration on January 3, 2025.

The Supreme Court also observed that no religion encouraged any activity which created pollution.

Case no. – WP (C) 13029/1985

Case Title – MC Mehta v. Union of India

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