Supreme Court Summons Chief Secretaries of Punjab and Haryana Over Failure To Take Action Against Stubble Burning

On October 16, 2024 (Yesterday), the Supreme Court (SC) of India came down heavily on the States of Haryana and Punjab over their failure to take appropriate action against farmers who indulged in stubble burning that resulted in exacerbating air pollution levels in Delhi and its neighboring regions. While hearing the matter, the SC bench expressed displeasure towards the States, who failed to implement the directions issued in June 2021 by the Commission for Air Quality Management (CAQM) in NCR to stop stubble burning. It said, “The order of the commission is more than 3 years old. The problem that creates air pollution has existed for decades. But still, the states are struggling to find a solution notwithstanding available statutory framework.” The SC bench of Justice Abhay S Oka, Justice Augustine George Masih, and Justice Ahsanuddin Amanullah directed that the Chief Secretaries of both States should be present before the top Court on the next hearing, October 23, 2024. 

During the proceedings, the bench, first, asked the Haryana Government, why no action was taken to implement the CAQM’s order to stop stubble burning. Justice Oka asked, “Why no prosecution for violation of orders? This is not a political issue. It is about the implementation of statutory directions by the Commission under section 12 and no political considerations will apply here. ISRO tells you the locations of the fires and you so lovely say that the fire locations were not found. Nobody is going to prosecute them, nobody is going to take action against them, and they will pay a nominal fine. What is all this going on?” He added, “This is complete insensitivity being shown by the state and by the Chief Secretary. Is the Secretary acting at the instance of somebody else tell us, we will issue a summon to him also. What is the hesitation in prosecuting people?” Furthermore, Justice Oka said, “We see that the affidavit by Haryana is full of non-compliance. We direct the Commission to take penal action against State Officers under Section 14. We direct Chief Secretary Mr Prasad to be physically present on next Wednesday. The commission will make a statement about coercive action taken against State officials. Chief Secretary holds an explanation to court not only for non-compliance but also for not taking stringent action against violators.”

Criticizing the central commission, the top Court said, “Who is appearing for Punjab and Haryana? None of the members of the commission are qualified to deal with matters of air pollution. Absolute non-compliance. Check our last order and June 10 order as well. Not a single prosecution has been done yet. Everything is just on paper.” After noting that a wrong statement was made on behalf of the State of Punjab that a proposal had been submitted to the   Central Government for the grant of funds to provide tractor with driver and diesel to small farmers, Justice Oka remarked, “This is gross misleading by the Chief Secretary to the Supreme Court. Absolute defiance is done.” The bench mentioned in its order, “We are surprised to note that even after finding that the last statement made was incorrect between the last date and today no endeavor has been made to submit a proposal to the central government for seeking funds.”

After hearing the matter, Justice Oka asked the CAQM about their plans to ensure compliance by the states, “What are you going to do with the state governments? Both the state governments are extremely reluctant to take any penal action, extremely reluctant to comply with the orders of the CAQM. What action do you propose to take?” In this context, the bench noted that 7 out of 16 members were absent in the previous CAQM meeting; therefore, it ordered, “Perhaps action will have to be taken of replacing those members who are persistently remaining absent. The commission must also explain to us whether in the meetings of the commission experts in the fields or representatives of the expert organization invited to remain present. A response shall be submitted by next Wednesday.” The next hearing of the case will be on October 23, 2024.