Supreme Court’s BIG statement on Delhi-NCR air pollution, CJI Surya Kant says ‘no magic wand…’

The Supreme Court on Thursday said the judiciary cannot be expected to offer miraculous solutions to Delhi-NCR’s hazardous air quality. After senior advocate Aparajita Singh, assisting the top court, mentioned the Public Interest Litigation (PIL) regarding air pollution control in the national Capital, Chief Justice of India (CJI) Surya Kant remarked: “What magic wand can the judicial forum use? I know this is dangerous for Delhi-NCR. Tell me, what can we direct so that there is clean air immediately?”

The CJI agreed to list the long-pending MC Mehta case on December 1, even as he cautioned against the belief that the top court’s directions alone could “immediately clear the air”.

Accepting the friends’ submission on the “alarming situation” in Delhi-NCR, CJI Kant said the factors behind Delhi’s poor air quality are numerous.

“We all know the problem. We need to identify all the causes. There is no single cause; it would be a mistake to think so,” the CJI said, adding that “only domain experts and scientists” could provide a comprehensive assessment of the sources of pollution and site-specific solutions.

CJI Kant also flagged the issue that severe pollution levels revive only during peak winter months. “This issue is ceremonially listed during the Diwali season. It disappears after winters. Let us keep regular monitoring,” the CJI said and assured that the top court will now take up the matter “on an ongoing basis”.

“List this on Monday, Dec. 1, and let’s see what we can do,” he added.

Earlier this month, the Supreme Court had urged the Commission on Air Quality Management (CAQM) to consider postponing school sports events scheduled for November-December, observing that “children are most vulnerable”.

In a separate hearing on Wednesday, CJI Kant revealed that he was finding it difficult to complete even his morning walk due to poor air quality.

Responding to another senior lawyer’s plea for exemption from physical appearance due to Delhi’s poor air quality, the CJI said, “The only exercise I do is walking. But that is also difficult now. I walked for 55 minutes yesterday and had problems till morning.”

Senior advocate Kapil Sibal also told the apex court that he has stopped going for walks altogether. “Breathing this disgusting air…at our age…” said Sibal, adding that the Air Quality Index (AQI) remains dangerously high even during the evening hours.

The circumstances had earlier prompted Justice PS Narasimha to advise lawyers to opt for virtual appearances to avoid “permanent damage” from existing pollution.

“The situation is very, very serious! Why do you all seem to be here?” Justice Narasimha said, urging lawyers to take advantage of the virtual hearing facility.

(Except for the headline, this story has not been edited by DNA staff and is published from IANS)