Just notices, no action: SC raps Punjab, Haryana on farm fires

The Supreme Court on Monday once again questioned the governments in Punjab and Haryana over their reluctance to act against farmers indulging in stubble burning, which adversely affected the air quality in Delhi-NCR.

Seeks AG’s response to Centre’s decision

• Top court asked the Punjab Advocate General, Gurminder Singh, to respond to the Centre’s decision to reject the state government’s demand for Rs 1,200 crore towards incentives for farmers to dissuade them from stubble burning
• The court also questioned the governments of Punjab and Haryana for lack of action against the officials not enforcing the ban imposed on stubble burning

“Even today we find reluctance on the part of governments in taking action under the Section 14 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021. We have observed in earlier orders that instead of direct prosecution, states are still busy just issuing show-cause notices despite flagrant breaches. States owe explanation to us on non-prosecution,” a Bench led by Justice Abhay S Oka said.

“How can this happen? How come this increased during Diwali? Why are you sparing your officers? They are sparing the farmers. Farmers are filing applications before us because they fear things. And now you all are sparing your officers,” said the Bench, which also included Justice Augustine George Masih. Directing strict compliance with the rules, the top court asked the two states to explain the non-prosecution of farmers indulging in stubble burning.

It also asked the Punjab Advocate General Gurminder Singh to respond to the Centre’s decision to reject the state government’s demand for Rs 1,200 crore towards incentives for farmers to dissuade them from stubble burning.

The Bench – which has been hearing a PIL on air pollution in Delhi-NCR – was apparently unhappy with the alleged inaction of the authorities in Punjab, Haryana and Uttar Pradesh to curb stubble-burning incidents. It questioned the governments of Punjab and Haryana for lack of action against the officials not enforcing the ban on stubble burning.

“Please see, 1,037 erring officials have been sent show cause notice. There has to be due process. Also, we have to look into the present, the past is gone,” the Punjab Government advocate submitted.

“How can the past be forgotten? Look at the past first. Only 56 officials have been prosecuted. What about the others? Nothing has been done by you people on the continuous stubble burning,” the Bench pointed out.