NEW DELHI: Supreme Court on Thursday said it doesn't have a magic wand to improve air quality in Delhi-NCR, virtually admitting that judicial activism for decades, after initial rewards, has yielded minimal results in loosening the grip of noxious air over the region.
Senior advocate Aparajita Singh, amicus curiae in air pollution cases, told a bench of CJI Surya Kant and Justice Joymalya Bagchi that there has been no dent in pollution levels because authorities weren't implementing a series of past apex court orders. She requested early listing of pleas for curbing air pollution which is leading to a health emergency in the region.
CJI Kant, who the day before narrated his discomfiture due to toxic air, said, "What magic wand judiciary has to clear pollution? Moreover, by the time we hear parties and pass orders, if air flow is favourable, the ambient air gets better, rendering directions otiose." He agreed long-term solutions were needed with coordinated efforts round-the-year.
Singh said SC has already passed orders for action to be taken by authorities in a graded manner depending on the levels of air pollution. "All it requires is implementation in letter and spirit," she said.
CJI Kant, who comes from an agriculturist joint family from a village in Haryana, indicated that it was wrong to put the blame on farm fires as the main cause of air pollution. "The problem of air pollution is known to everyone. It's also known that there are a variety of reasons for this," he said.
While agreeing to list the matter for hearing on Monday, the bench said, "Only domain experts and scientists can identify the reasons for air pollution in Delhi and NCR. They can suggest remedial measures for each of the identified reasons. The solution must be a long term one."
SC also balked at "ceremonial listing" of matters relating to air pollution in Delhi-NCR only at the onset of winter before Diwali. "After devising a long-term solution to the problem, it should be implemented in a coordinated manner by all authorities of govts concerned and monitored by SC round the year," it said.
CJI Kant said, "We understand the difficulties faced by residents of Delhi and NCR due to pollution. But neither judges nor advocates are experts on this issue." Singh said the Commission on Air Quality Management (CAQM) has experts who can get SC orders implemented in letter and spirit and provide much needed relief to citizens.
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