Judiciary has no ‘magic wand’ to fix Delhi-NCR’s pollution problem: CJI Kant

The Supreme Court on Thursday remarked that the judiciary cannot be expected to deliver miraculous solutions to Delhi-NCR’s hazardous air quality. After senior advocate Aparajita Singh, the amicus curiae assisting the top court, mentioned the Public Interest Litigation (PIL) concerning air-pollution control in the national Capital, Chief Justice of India (CJI) Surya Kant remarked: “What magic wand can a judicial forum exercise? I know this is hazardous for Delhi-NCR. Tell me, what can we direct so that there is clean air immediately?” Even as the CJI cautioned against the belief that the top court’s directions alone could “clean the air immediately”, he agreed to list the long-pending MC Mehta matter on December 1.

Acknowledging the amicus’ submission about an “alarming situation” in Delhi-NCR, CJI Kant said the factors behind Delhi’s poor air quality were several in number. “We all know the problem. We need to identify all the reasons. There is no one single reason; it would be a mistake to think so,” the CJI remarked, adding that “only domain experts and scientists” could offer a comprehensive assessment of the sources of pollution and region-specific solutions. CJI Kant also flagged the pattern of the issue of severe pollution levels being revived only during peak winter months. “This matter is listed in a ceremonial way during the Diwali season. After winters, it disappears. Let us have regular monitoring,” the CJI said, assuring that the apex court would now take up the matter “on a continuous basis”. “List this on Monday (December 1), and let us see what we can do,” he added.

Earlier this month, the Supreme Court had urged the Commission for Air Quality Management (CAQM) to consider postponing school sports events scheduled for November–December, observing that “children are most vulnerable”. During a separate hearing on Wednesday, CJI Kant revealed that he had struggled even to complete his morning walk due to the poor air quality. “The only exercise I do is walking. But even that is difficult now. Yesterday I walked for 55 minutes, and till morning I had problems,” the CJI said, responding to another senior advocate’s request for exemption from physical appearance due to Delhi's poor air quality. Senior advocate Kapil Sibal also told the apex court he had stopped going for walks entirely. "To breathe this obnoxious air… at our age...," Sibal remarked, adding that the Air Quality Index (AQI) remains dangerously high even in the evenings. The conditions had prompted Justice P.S. Narasimha earlier to advise lawyers to opt for virtual appearances to avoid “permanent damage” from the prevailing pollution. “The situation is very, very serious! Why are you all appearing here?” Justice Narasimha had said, urging advocates to avail virtual hearing facility.