'Courts have no magic wand, only scientists can find solution': SC on Delhi-NCR air pollution

Noting that courts have no magic wand to deal with worsening air pollution in Delhi-NCR, the Supreme Court on Thursday said it’s for domain experts and scientists to find solutions to such problems.

“What magic wand can a judicial forum exercise?” a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi told amicus curiae and senior advocate Aparajita Singh after she mentioned the matter for urgent hearing.

"Alarming situation (of air pollution) in Delhi NCR and it’s a health emergency," Singh submitted.

“I know this is hazardous for Delhi NCR... Tell me what can we direct… that we can make some directions and there is clean air immediately? We all know what the problem is.. We need to identify all the reasons. There is no one single reason.. It could be a bona fide mistake to think that... But only domain experts and scientists can look into that,” CJI Kant said.

The Bench, however, agreed to take up the matter on Monday, December 1. “Let’s see what we can do," the CJI said.

Noting that the matter was listed in a ceremonial manner every year around Diwali, Justice Kant said it has to be monitored regularly.

According to the Central Pollution Control Board (CPCB) AQI bulletin released on November 26 at 4 PM, Delhi recorded an average AQI of 327 in the last 24 hours.

As per CPCB norms, an AQI between zero and 50 is considered “good”, 51 and 100 “satisfactory”, 101 and 200 “moderate”, 201 and 300 “poor”, 301 and 400 “very poor”, and 401 and 500 “severe”.

As Delhi-NCR continues to battle poor or very poor air quality for weeks, CJI Kant on Wednesday said he felt unwell when he went out for a walk the previous day.

“The only exercise I do is walking. But even that is difficult now. Yesterday, I walked for 55 minutes, and till morning I had problems,” the CJI had said, adding he was mulling shifting Supreme Court hearings to the virtual-only mode and a decision would be taken after consulting the Bar.

The top court — which has been monitoring the issue for several years — had on November 17 asked the Delhi Government to file an affidavit about equipment and their efficiency in measuring AQI.