Stubble Burning: Based On Centre's Request, SC Keeps In Abeyance Order Appointing Justice M B Lokur Panel [Read Order]

The Supreme Court on Monday kept in abeyance the order passed by it on October 16 to appoint Justice(Retired) Madan B Lokur, former SC judge, as a one-man panel to coordinate and monitor the steps taken to tackle the problem of stubble-burning.

A bench headed by the Chief Justice of India, S A Bobde, passed the order on Monday based on a request made by the Solicitor General of India, Mr. Tushar Mehta.

The Solicitor General submitted that the Central Government was bringing a comprehensive legislation to set up a permanent body to address the problem of stubble burning. In that view of the matter, the SG urged the bench to keep in abeyance the October 16 order appointing Justice Madan B Lokur.

Based on the submission of the Solicitor General, the CJI-led bench ordered that the steps taken in furtherance of the October 16 order be kept in abeyance.

Senior Advocate Vikas Singh, appearing for the PIL petitioner Aditya Dubey, objected to the Solicitor General's submission.

"I don't understand the interest of Union of India in getting the order suspended. Ultimately it is for the benefit of the people of Delhi", Vikas Singh submitted.

The CJI shot down the objections of Vikas Singh by saying, "We think our own measure should be held in abeyance. What is your problem?. You are after all a PIL petitioner".

The SG said the legislation in the form of an ordinance will be brought within 2-3 days.

"This government works fast", the SG commented.

The PIL has been posted to October 29 to be listed along with the M C Mehta case.

It may be recalled that on October 16, the SG had not supported the appointment of Justice Lokur.

"There are some reservations with which we do not want to Trouble My Lords. I will have to file an application, we could avoid the appointment", the SG had told the Court then.

But the CJI did not heed to it and said "What reservations do you have, tell us orally".

Without elaborating on the reasons, the top law officer urged the bench to not pass the order but the top court declined the request.

Justice Lokur, since his retirement as a judge of the top court in December last year, has been fiercely vocal in criticizing the Supreme Court on many issues such as the handling of migrants crisis, delay in hearing important constitutional cases etc. He had also expressed disapproval of the Supreme Court punishing Advocate Prashant Bhushan for contempt of court.

Justice Lokur has also expressed concerns at the increasing use of sedition law, UAPA and preventive detention against dissidents of the government.

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