The Supreme Courtroom on Wednesday rapped the Haryana and Punjab authorities officers over the difficulty of non compliance of orders handed by Fee for Air High quality Administration (CAQM) in Delhi-NCR, notably relating to stubble burning. The highest court docket requested the Haryana authorities to clarify the hesitation in prosecuting individuals concerned in stubble burning and violating CAQM orders. The court docket stated that this was not a political subject and Haryana authorities’s strategy confirmed “full insensitivity.”
A bench of Justice Abhay Oka pulled up the Haryana authorities over non-compliance with CAQM orders and directed the chief secretary to personally stay current within the court docket and on subsequent Wednesday.
“Why no prosecution for violation of orders? This isn’t a political subject. It’s about implementation of statutory instructions by Fee underneath Part 12 and no political issues will apply right here.”
The highest court docket stated that this was a case of full insensitivity being proven by the state of Haryana and its Chief Secretary.
“ISRO tells you the areas of the fires and also you so beautiful say that the hearth areas weren’t discovered. No person goes to prosecute them no person goes to take motion in opposition to them they may pay a nominal wonderful what’s all these occurring?…That is full insensitivity being proven by the state and by the Chief Secretary. If Secretary is appearing on the occasion of anyone else inform us we are going to subject summon to him additionally. What’s the hesitation in prosecuting individuals? And you do not represent committees that are required to be constituted.” Justice Oka requested.
The highest court docket whereas dictating order stated that it had anticipated the Authorities of Haryana to file and affidavit reporting compliance with instructions issued on tenth June 2021 by the fee. Nonetheless, it discovered that penal motion as contemplated by path of tenth June 2021, has not been taken even in a single case, even when the affidavit indicated that there have been as many as 191 circumstances of fireside.
“Solely nominal wonderful has been recovered. Even the equipment has not been arrange. The order of fee is in drive for final greater than 3 years. We direct the involved authorities to take applicable plan of action in opposition to the officers of the state answerable for non compliance by invoking Part 14. We direct the chief secretary to personally stay current within the court docket and on subsequent Wednesday the Fee will make a press release about motion initiated in opposition to officers of the state when it comes to this order,” the court docket ordered.
Supreme Courtroom Questions Punjab Authorities Over Non-Motion In opposition to Violators
The highest court docket famous that affidavit by Punjab authorities as within the case of state of Haryana is an affidavit reporting non-compliance with instructions issued on 10 June 2021 by the fee.
“There’s non compliance with instructions in paragraph 14 of the order dated tenth of June 2021 passd by the fee. The committees as contemplated by the order haven’t been constituted. Furthermore there’s not a single prosecution although the affidavit itself accepts that there have been contraventions. It’s acknowledged that fireplace incidents reported as per ISRO protocol had been 267. It’s stated that motion was taken in opposition to all 267. Nonetheless nominal fines have been recovered solely from 103 and FIRs have been filed underneath part 233 of BNS solely in opposition to 14 violators. Complaints underneath Part 39 of the Air Act 1981 have been filed solely in opposition to 5 individuals. Thus going by their very own information out of 267 violators nominal motion has been taken in opposition to 122 violators. Reliance has been positioned on order dated 22 October 2013 issued by the federal government of Punjab in train of powers underneath Air Act there by prohibiting indiscriminate burning of leftover paddy straw, wheat straw in the entire of the state. Non-compliance appeal to penal provisions. As acknowledged earlier prosecution underneath this provision has been initiated solely in opposition to 5 out of 267 violators,” the court docket famous whereas dictating the order.
Identical to Haryana, the highest court docket directed the chief secretary of state of Punjab to personally stay current within the court docket on the subsequent date of listening to.
“On behalf of the state he should clarify the defaults made by the State. We direct the CAQM to take appropriate motion in opposition to the officers of the state for non-compliance with their instructions issued underneath Part 12 of the CAQM Act. The Central Authorities will submit a compliance report on the subsequent date,” the highest court docket stated.