'What Is Hesitation In Prosecuting People?': Supreme Court Pulls Up Punjab And Haryana Over Stubble Burning Pollution

The Supreme Court on Wednesday (16 October) pulled up the Haryana and Punjab governments for no prosecution even after hundreds of cases of stubble burning across the states and questioned, "What is the hesitation in prosecuting people?"

In the last hearing, the court had directed the state governments of Haryana and Punjab to file affidavits disclosing their implementation of the directions issued by the Commission for Air Quality Management (CAQM) on 10 June 2021.

Noting from the affidavit that 191 cases of fire were reported from Haryana, Justice Abhay Oka said, "We find that penal action as contemplated by clause 14 of the direction has not been taken even in a single case."

"Only nominal fine has been recovered. Even the machinery has not been set up... We direct the concerned authorities to take appropriate course of action against the officials of the state responsible for non-compliance," he added.

Similarly, on Punjab's affidavit, he said, "You could have prosecuted persons under Section 15 of the Environment Protection Act. Not a single case is initiated. There is no compliance with clause 14 of the order dated 10 June 2021."

The court noted that these affidavits report non-compliance and that there is not a single prosecution, "Prosecution under this provision has been initiated only against five out of 267 violators," the court said in its order.

"The problem that creates air pollution has existed for decades. But still, the states are struggling to find a solution notwithstanding available statutory framework," it added noting that no endeavour has been made to seek funds from the central government.

The court directed the chief secretaries of Punjab and Haryana to remain personally present in the court in the next hearing scheduled for next Wednesday to explain the defaults made by the states, LiveLaw reported.

"We direct the CAQM to take suitable action against the officials of the state for non-compliance with their directions issued under section 12 of the CAQM Act. The Central Government will submit a compliance report on the next day," it concluded.