The Supreme Court on Wednesday reprimanded Punjab and Haryana over the issue of stubble burning, stating that no effective action has been taken by the states to address the problem, which exacerbates air pollution levels in Delhi and its neighbouring regions during the winter season.
Noting that there has been a substantial increase in stubble burning cases in both the states and calling it an "absolute defiance" of direction by the Commission of Air Quality Management (CAQM), the court summoned Haryana Chief Secretary on October 23.
"We see that the affidavit by Haryana is full of non-compliance. We direct Commission to take penal action against State Officers under Section 14. We direct Chief Secretary Mr Prasad to be physically present on next Wednesday. Commission will make statement about coercive action taken against State officials. Chief Secretary holds an explanation to court not only for non-compliance but also for not taking stringent action against violators," Justice AS Oka said.
The Supreme Court was hearing a case of non-compliance of orders passed by the Commission for Air Quality Management in the National Capital Region (NCR), particularly regarding stubble burning.
The court also criticised the central commission for failing to take action on violations. It said, "Who is appearing for Punjab and Haryana? None of the members of the commission are qualified for dealing with matters of air pollution. Absolute non-compliance. Check our last order and June 10 order as well. Not a single prosecution has been done yet. Everything is just on paper".
When the Haryana Chief Secretary submitted that 17 FIRs were registered this year, Justice Oka pointed out that the cases were not under the required provisions and warned that the court would issue contempt proceedings if action was not taken within one week.
"We are telling you very clearly. We will give you one week and if not complied, we will issue contempt against Chief Secretary. Why are you shy of prosecuting people?," the top court asked.
The Supreme Court had directed the Punjab and Haryana governments to file affidavits disclosing steps taken to comply with CAQM orders.
Taking up the affidavit filed by Punjab, the court noted the state also has not prosecuted people for subtle burning.
"Show us a single prosecution. You could have prosecuted persons under Section 15 of the Environment Protection Act. Not a single case is initiated. There is no compliance...." Justice Oka said.
Stubble burning in Punjab and Haryana is a significant contributor to Delhi's air pollution, especially during the post-harvest October-November season, worsening the Air Quality Index (AQI) to extremely unhealthy levels.
