Complete defiance: Supreme Court raps Punjab, Haryana over stubble burning
Taking strong exception to the Punjab and Haryana governments’ failure to take action against farmers indulging in stubble burning, the Supreme Court on Wednesday directed the chief secretaries of the two states to appear before it on October 23.
“This is not a political matter. If the chief secretary is acting at someone’s behest, we will issue summons. Next Wednesday, we are going to call the chief secretary of Haryana. Same is with Punjab. The attitude is of complete defiance,” a Bench led by Justice Abhay S Oka said.
CAQM a toothless tiger: Apex court
The apex court slammed the CAQM for being a “toothless tiger”. It asked the commission to take penal action against Haryana and Punjab government officials for their failure to prosecute violators.
The Bench said the Commission of Air Quality Management (CAQM) in the National Capital Region (NCR) and adjoining areas had issued an order three years ago, but not a single prosecution had been launched in Punjab.
Punjab Advocate General Gurminder Singh said it was practically very difficult to comply with the court’s directions against farmers on ground. “Last time, our officers were treated badly,” he told the Bench, which also included Justice Ahsanuddin Amanullah and Justice Augustine George Masih. It took exception to the fact that the Haryana Government was too only imposing nominal fines against violators. “You are just taking a nominal fine only. ISRO is telling you the location where the stubble was being burnt and you say that you did not find anything. As many as 191 cases of breach and only nominal fines imposed... Absolute defiance of direction by the commission under Section 12 of Commission of Air Quality Management in National Capital Region Act, 2021. Complete defiance by Haryana,” it said.
As the Haryana Government counsel said 17 cases had been registered, the Bench was quick to point out that the cases were under provisions of the BNS and not under the provisions required. “We are telling you very clearly. We will give you one week and if the order was not complied with, we will issue a contempt of court order against the chief secretary,” it said.
Noting that the state governments perhaps wanted to help someone, the Bench said, “We are not concerned with it.”
The top court noted that “the Advocate General of Punjab has said in so many words that it is not possible to prosecute and if that is so, people will keep paying nominal fines and get away with it. You pay just a few thousand rupees and then continue burning stubble. States are bound by directions,” it said.
“You are simply tolerating the breaches,” Justice Oka told Singh and went on to summon the chief secretaries of Punjab and Haryana to be present before it on next Wednesday.
While hearing a PIL on air pollution in Delhi-NCR, the Bench also came down heavily on the CAQM for acting like a “toothless tiger” and asked it to take penal action against Haryana and Punjab government officials for their failure to prosecute the violators.
Describing the issue of air pollution in Delhi-NCR as serious, it sought to know what steps the CAQM had taken to check stubble burning and to ensure that the two state governments took the matter seriously. As Additional Solicitor General Aishwarya Bhati told the Bench that action would be taken, the Bench asked the CAQM to make a statement on coercive action taken against erring officials of the two states on the next date of hearing.
