SC: Why clear blue skies during Covid despite stubble burning?

“Stubble burning was there during the Covid, but why could people still see clear blue skies? This suggests that other factors are at play,” a Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said.

“Why? Something to be thought about and other factors... We would like to have a report within a week on the measures taken to contain other factors,” the Bench said.

“We do not want to comment on stubble burning as it is incorrect to pass the burden on to people (farmers), who are hardly represented in this court…The issue of stubble burning should not unnecessarily become a political issue or an issue of ego,” the Bench said, seeking clarity on short and long-term measures taken to deal with the air pollution issue.

Asking the Centre to spell out measures taken by the Commission for Air Quality Management (CAQM), the Central Pollution Control Board (CPCB) and other agencies to tackle the menace of air pollution, the Bench posted the matter for further hearing on December 10.

Noting that the air pollution issue in the Delhi-NCR could not be treated as a “customary” case to be listed only during the winter months, the CJI said the case would be taken up twice in a month to find out short and long-term solutions to the problem.

“The Delhi pollution matter cannot be listed customarily in the month of October; rather it should be taken up regularly at least twice a month. My brother (Justice Bagchi) tells me that just because this item is listed today and heard … there is improvement in the AQI levels,” the CJI said.

Stating that stubble burning, vehicular pollution, construction dust, road dust and biomass burning had been the main contributors to air pollution, Additional Solicitor General Aishwarya Bhati said, “I can give a detailed list of what steps have been taken under each of the heads.”

Amicus curiae Aparajita Singh said vehicular pollution and dust remained the biggest contributors to Delhi’s poor AQI and flagged reports that several air quality monitoring devices were not functioning properly.

Noting that courts had no magic wand to deal with the worsening air pollution in Delhi-NCR, the Supreme Court had on November 27 said it was for domain experts and scientists to find solutions to such problems.

On Monday, the CJI referred to unplanned urban growth and rising aspirational population.

“None of the cities of the country was developed to accommodate this scale of population or with the thought that each home will have multiple cars. Let’s see which measures are suggested to us and how these measures are implemented or are only on paper,” he said.

“We cannot sit idle. Solutions must come from experts. The courts may or may not have those solutions, but we can provide a platform for all stakeholders to deliberate,” the CJI said, adding there should be a scientific analysis to ascertain the factor which is contributing the most to the problem.