Stubble burning: Supreme Court raps Punjab, Haryana governments over non-compliance, summons chief secretaries

New Delhi: The Supreme Court on Wednesday slammed the Haryana and Punjab governments for failing to prosecute farmers found to be involved in stubble burning, as there have been substantial increase in such incidents in both the states, raising air pollution in the Delhi-National Capital Region.

Terming it as an "absolute defiance", the top court summoned the state chief secretaries to appear before it on October 23 and submit an explanation.

A bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih directed the Commission for Air Quality Management (CAQM) to take penal action against Haryana and Punjab government officials for failure to act against the violators.

"This is not a political matter. If chief secretary is acting at somebody's behest, we will issue summons against them as well. Next Wednesday we are going to physically call chief secretary and explain everything. Nothing has been done, same is with Punjab government. The attitude is of complete defiance,"the bench said.

In a rap to the Punjab government, the top court said not even a single prosecution has been carried out in past three years.

The court also said states have not taken any steps to implement the directions issued by the CAQM in June 2021 to stop stubble burning.

It said no endeavour has been made by the Punjab government to seek funds from the Centre for ensuring machinery to farmers.

The court also noted out of 267 violators, nominal action has been taken against 122 violators, while FIRs have been filed under section 233 of BNS only against 14 violators.

Punjab's Advocate General Gurminder Singh submitted the person at the end of tail is a farmer.

The bench then asked if the court should record that the state was unable to implement law and order. The AG then said that it was a challenging process on the ground, though steps were being taken in this regard.

He said that red entries are made in the revenue records of the farmers who are indulging in farm fires.

The court also rapped the Haryana government, observing, "There is complete insensitivity being shown by the state and by the Chief Secretary. Is the Secretary acting at the instance of somebody else, if so, tell us, we will issue summon to him also. What is the hesitation in prosecuting people?"

The apex court had earlier rapped CAQM over its failure to curb air pollution in Delhi due to crop residue burning in the neighbouring states and said it needs to be more active in its approach. It also said CAQM has become a toothless tiger.