New Delhi, Nov 11 (UNI) The Supreme Court on Monday directed the States of Punjab and Haryana to explain for the non-prosecution of officials who have not taken action on people involved in stubble burning.
A Bench comprising Justice Abhay S Oka and Justice Augustine George Masih asked how the stubble-burning incidents had occurred on the day of Diwali.
It said the Commission for Air Quality Management (CAQM) amendment rules 2024 have been brought in force. We direct all concerned to ensure compliance with these rules and to ensure penalty in light of Section 15 of (the Environment Protection Act) EPA 1986 since an adjudicating officer is also in place now.
A counsel mentions a 2020 Interlocutory Application filed in the Court which has sought a complete ban on stubble burning and a complete ban on firecrackers including green crackers as well.
Justice Oka said We have already issued directions today in another case.
The Advocate General (AG) of Punjab said, “ One important thing and a good thing which Punjab has done is that they have banned usage of firecrackers on certain conditions.
Justice Oka said, “Place it on record. We will consider it.”
The Court was hearing the issue of lack of prosecution done under Section 15 of the Environmental Protection Act, 1986 by the officials against illegal stubble burning in Punjab and Haryana.
Justice Oka said, “What you people have done is that you have picked up around 56 officials who have done something this year. What about previous officials who slept over it, the court asked.
Counsel for Punjab said, “It has to be done in due process. Also, we have to look into the present, the past is gone.
Justice Oka said, “How can the past be forgotten? Look at the past first. Only 56 officials have been prosecuted. What about others? Nothing has been done by you people of continuous stubble burning.
Amicus Curie said, “Please see that during Diwali only these burning instances have increased.
Justice Oka said, “How can this happen? How come this increased in Diwali? Why are you sparing your officers?. Farmers are filing IA before us because they are fearing things.
The compliances filed by Punjab and Haryana indicated that there was large number of fires during Diwali.
Even today we find reluctance on the part of governments to take action under Section 14 of the CAQM Act 2021.
We have observed in earlier orders that instead of direct prosecution, states are still busy just issuing show-cause notices despite flagrant breaches.
States owe an explanation to us on Prosecution, the Court said.
