A bench headed by Justice Oka, questioned the States of Haryana and Punjab that why are they not prosecuting people who are violating orders of CAQM and taking no measures to reduce stubble burning. The bench while hearing the matter emphasised the need for stricter measures and prosecution for those in violation of the orders. These orders were being issued by the Committee for Air Quality Management (CAQM) under Sec 14 of the CAQM Act, which treats non compliance of orders by the commission an offence.
The respondents submitted that the committee has been working really hard to tackle air pollution. They submitted that the committee has issued 83 statutory directions and 15 advisories apart from the orders. Respondents also stated that they could not prosecute farmers for stubble burning as it was barred by Sec 14 of the CAQM Act. The bench said that between September 15-30, there have been more than 130 cases of Stable burning in Punjab and Haryana, out of which only 42 were charged and a nominal compensation of 1,25,000 in total was collected.
“You have taken the softest provision that is there to prosecute. There is section 14 of CAQM Act, section 15 of the Environmental Protection Act which has drastic powers. For whatever reason no one wants to prosecute people for violation of the orders of the CAQM…Everybody knows that except discussion nothing is happening. That is the harsh reality of this”, Justice Oka remarked.
The Advocate General of Punjab proposed to the court that the Central government should give financial assistance of Rs 1200 Crore to subsidise the cost of operating crop residual machines. However, the court rejected the proposal saying that this is not the issue being addressed. The court refocused that the issue was not prosecuting the violators of CAQM and Environment Protection Act.
The matter has now been listed on 16th October for filing of affidavit for compliances by the state of Haryana and Punjab.
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