NEW DELHI: The Supreme Court on Thursday expressed its dissatisfaction with the Commission for Air Quality Management ( CAQM ) for failing to take effective action in curbing stubble burning , stating that the panel had made no effort to implement its own directions.
A bench comprising Justices Abhay S Oka and A G Masih said that, "no prosecutions had been initiated under CAQM's guidelines and the panel's last meeting was held on August 29."
"From the affidavit of compliance, we find that no effort is being made by CAQM for implementation of its own directions, not a single prosecution has been initiated, and the last meeting was only held on August 29," the court said.
The court directed Punjab and Haryana to ensure compliance with CAQM's directives and file affidavits on their progress within a week, with the next hearing scheduled for October 16.
During the hearing, the court also turned its attention to Punjab, questioning the state's use of lenient penal provisions to address stubble burning cases. Justice Oka criticised the state for registering First Information Reports (FIRs) under Section 223 of the BNS Act , one of the mildest penal provisions, in 129 cases of stubble burning. "You have found the mildest penal provision and registered FIRs," Justice Oka remarked.
Punjab's Advocate General (AG) responded by outlining the challenges faced by small-scale farmers, who make up about 70% of the state's farming community. He explained that while stubble-burning mitigation machines were provided free of cost, marginal farmers—those with less than 10 acres of land—struggled with operational costs, such as hiring drivers and purchasing diesel.
Punjab AG proposed a financial grant system to cover these costs, suggesting a burden-sharing model involving both the Central and state governments. "We can make the machines compulsory if we provide financial grants for the cost of running these machines," he said, proposing that the Centre contribute Rs 1,200 crores while Punjab and Delhi would each contribute Rs 375 crores. "The entire burden is about Rs 2,000 crores. Delhi was favourable to consider it subject to the Centre giving Rs 1,200 crores, but they are saying they are giving Rs 1,000 crores," he added.
The court also asked clarification on how many prosecutions had been initiated under Section 15 of the BNS Act, to which the AG said that financial assistance was crucial for encouraging widespread use of the machinery among marginal farmers.
Last week, the bench had also raised concerns about CAQM's efforts, questioning whether pollution levels had decreased over time and urging more robust enforcement. "The issue of serious pollution. Is it coming down?" the court asked.
The court asked CAQM to file a more detailed compliance report and stressed the need for grassroots-level implementation of stubble-burning alternatives.
A bench comprising Justices Abhay S Oka and A G Masih said that, "no prosecutions had been initiated under CAQM's guidelines and the panel's last meeting was held on August 29."
"From the affidavit of compliance, we find that no effort is being made by CAQM for implementation of its own directions, not a single prosecution has been initiated, and the last meeting was only held on August 29," the court said.
The court directed Punjab and Haryana to ensure compliance with CAQM's directives and file affidavits on their progress within a week, with the next hearing scheduled for October 16.
During the hearing, the court also turned its attention to Punjab, questioning the state's use of lenient penal provisions to address stubble burning cases. Justice Oka criticised the state for registering First Information Reports (FIRs) under Section 223 of the BNS Act , one of the mildest penal provisions, in 129 cases of stubble burning. "You have found the mildest penal provision and registered FIRs," Justice Oka remarked.
Punjab's Advocate General (AG) responded by outlining the challenges faced by small-scale farmers, who make up about 70% of the state's farming community. He explained that while stubble-burning mitigation machines were provided free of cost, marginal farmers—those with less than 10 acres of land—struggled with operational costs, such as hiring drivers and purchasing diesel.
Punjab AG proposed a financial grant system to cover these costs, suggesting a burden-sharing model involving both the Central and state governments. "We can make the machines compulsory if we provide financial grants for the cost of running these machines," he said, proposing that the Centre contribute Rs 1,200 crores while Punjab and Delhi would each contribute Rs 375 crores. "The entire burden is about Rs 2,000 crores. Delhi was favourable to consider it subject to the Centre giving Rs 1,200 crores, but they are saying they are giving Rs 1,000 crores," he added.
The court also asked clarification on how many prosecutions had been initiated under Section 15 of the BNS Act, to which the AG said that financial assistance was crucial for encouraging widespread use of the machinery among marginal farmers.
Last week, the bench had also raised concerns about CAQM's efforts, questioning whether pollution levels had decreased over time and urging more robust enforcement. "The issue of serious pollution. Is it coming down?" the court asked.
The court asked CAQM to file a more detailed compliance report and stressed the need for grassroots-level implementation of stubble-burning alternatives.
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