‘Show us a single prosecution’: Supreme Court raps Punjab and Haryana over stubble burning

The bench said it expected Haryana to have complied with the CAQM’s directions.

“However, we find that penal action as contemplated by clause 14 of the direction of June 10, 2021 has not been taken even in a single case. Even going by the affidavit there were as many as 191 cases of fire. Only a nominal fine has been recovered. Even the machinery has not been set up. The order of commission is in force for the last more than threeyears. We direct the concerned authorities to take appropriate course of action against the officials of the state responsible for non compliance by invoking Section 14. We direct the Chief Secretary (of Haryana) to personally remain present in the court next Wednesday (October 23), the court ordered.

The bench also asked the CAQM to “make a statement about action initiated against officials of the state” for not implementing its directions.

The bench questioned the Punjab Government why no prosecution had been launched against the violators. “Show us a single prosecution. 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 order dated June 10 2021”, Justice Oka told Punjab Advocate-General Gurminder Singh.

The bench noted, “It is stated that fire incidents reported as per ISRO protocol were 267. It is said that action was taken against all 267. However, nominal fines have been recovered only from 103 and FIRs have been filed under section 233 of BNS only against 14 violators. Complaints under section 39 of the Air Act 1981 have been filed against fivepersons only. Thus going by the state’s own data, out of 267 violators, nominal action has been taken against 122 violators.”

“We direct the chief secretary of state of Punjab to personally remain present in the court on the next date, which is next Wednesday. On behalf of the state he must explain the defaults made by the state,” the bench said.

Expressing disillusionment at the inaction on the part of the states to prosecute the violators, Justice Oka told Additional Solicitor-General Aishwarya Bhatti, who appeared for the CAQM, “Now what is to be done to this approach adopted by the state governments? Nobody wants to take penal action. Maybe for political reasons, we do not know. We are not here to decide that. What we are supposed to decide is inaction on their part. So, what stand the Government of India wants to take?”

“Advocate-General of Punjab has in so many words said it will not be possible to prosecute anybody. If it is not possible to prosecute anybody then this will continue. And people will afford to pay that nominal compensation whatever environmental compensation they are recovering, and merrily this will continue for years,” the bench added.