Supreme Court Refuses To Entertain Plea Seeking CAG Audit Of Public Funds Allocated To Delhi Govt; Gives Liberty To Move HC

The Supreme Court refused to entertain a plea seeking directions to the Comptroller and Auditor General of India (CAG) to conduct performance audit as well as financial audit of the funds allocated to the Delhi Government for implementation of pollution controlling activities. The petition claimed that the Government has diverted public funds allocated under the 'National Clean Air Programme' to meet expenditure for advertisement, publicity and self-promotion.

A Bench comprising Justices D.Y. Chandrachud and A.S. Bopanna asked the Counsel appearing for the petitioner to approach the Delhi High Court with their grievance. It orally observed -

"Why did you not go to the Delhi High Court? The Delhi High Court is competent to hear this. You are questioning the advertising expedition; saying not to divert expenditure for the environment. We will give you liberty to approach the High Court."

The petition submits that given the Delhi Government's 'apathy, indifference and lethargy' in addressing the steady rise of AQI levels in Delhi, the petitioner is constrained to invoke the jurisdiction of the Apex Court under Article 32 of the Constitution.

In some detail, the petition points out the adverse effects caused from the exposure to PM 2.5 particles and seeks the intervention of the Court in the interest of the public at large. It submits that according to a study report published in the Lancet Planetary Health, exposure to PM 2.5 particles above WHO Air Quality Guidelines may have contributed to a total of 29 percent of pregnancy losses in South Asia, with 77 percent of the pregnancy losses used in the study coming from India. As per the petition, other studies demonstrate that exposure to the same reduces life expectancy on an average by 8.6 months and in case of long-term exposure by approximately 20 months. Moreover, gestational exposure may increase the rate of chronic bronchitis, reduce lung function, and increase mortality from lung cancer and heart diseases.

The petition expresses concern that even when the environmental situation in Delhi is looking so grim, the Government is indulging in self-promotion and has spent almost INR 293,20,00,000 on advertisement and publicity. Out of this exorbitant spending, INR 150,00,00,000 is claimed to have been spent between January, 2021 to March, 2021.

Case Title: Dr. Radhika Batra v. Govt of NCT of Delhi WP (C) No. 1368 of 2021