In the recent hearings conducted on the rising pollution level in New Delhi, the Supreme Court worded its observations in light of various submissions made by the Solicitor General represented by Mr. Tushar Mehta. The Bench comprised of the CJI NV Ramana and Justices DY Chandrachud and Surya Kant.
It was hearing a petition on the case of pollution, which was filed by one Aditya Dubey. The Supreme Court adjudged that it might have to form an independent task force to curb the menace of pollution and to ensure that the directions to curb it are properly enforced by the State as well as the Central Government. Highlighting that there is slew of directions by the Central government to the States but implantation is lacking.
“All intentions are good and directions are given but the implementation is zero. The only issue is to implement the directions and there is no use by imprisoning someone or charging someone. If it (implementation) is not happening, we can order an independent task force”. The Supreme Court remarked.
On the other side Mr. Tushar Mehta, Solicitor General submitted that it is in accordance with the procedure that the directions are been given but they are not being followed by on the other side.
He said “ "We had issued these directions much in advance on our own so that we don't reach this situation. We have asked them to comply for several months and we have not taken criminal measures. Gap between compliance and non-compliance needs to be bridged. we have now personally visited for compliance, I am not apportioning blames and I am saying the same thing about Delhi, Haryana, Punjab etc,”
The Bench had on its earlier hearing stated that it does not want to penalize the farmers for burning the stubble, however, it should be requested to stop the activity. It also maintained an observation about the Central Government employees to be travelling via public transport to lower the expense of travelling personally through separate cars, burning fuel and air via misconduct and negligence. It also questioned why the firecrackers are kept on at use even after 5- 6 days past Diwali.
The Centre has proposed a slew of measures in controlling the pollution levels to the minimum, some of which is the ban on entry of all trucks in Delhi except vehicles carrying essential goods, shutting down of schools, and 50 percent attendance in offices of GNCTD to reduce air pollution.
The Court, in the end, adjourned the matter while asking the States to file affidavit reporting compliance.