SC summons Punjab, Haryana chief secys over stubble-burning

Taking a strong exception to the Punjab and Haryana governments’ failure to take action against farmers indulging in stubble-burning, the main cause behind deterioration of air quality in Delhi-NCR, 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 somebody's behest, we will issue summons against them as well. Next Wednesday we are going to physically call the Chief Secretary (Haryana) and explain everything. Nothing has been done. Same is with Punjab. The attitude is of complete defiance," a Bench led by Justice Abhay S Oka said.

The Bench was upset to note that the order passed by the Commission of Air Quality Management (CAQM) in the National Capital Region (NCR) and Adjoining Areas was three-year-old and not a single prosecution has been carried out in Punjab in the past three years.

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…" Singh 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 only imposing nominal fines against violators.

"You are just taking a nominal fine only. ISRO is telling you the location where the fire was taking place and you say that you did not find anything; 191 cases of breach and only nominal fines taken. Absolute defiance of direction by 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 these 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 not complied, we will issue contempt of court against the Chief Secretary. Why are you shy of prosecuting people?" it asked.

Noting that the state governments perhaps wanted to help someone, the Bench said, “We are not concerned with it.”

The top court noted, “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. Just a few thousand rupees you pay and then continue stubble-burning. 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 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 CAQM had taken to check stubble-burning and to ensure that the two state governments took the matter seriously. “Where is the enforcement?’’ it asked CAQM.

As Additional Solicitor General (ASG) 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.