‘Some directions can be forcibly imposed’: Supreme Court to hear plea on air pollution

The Supreme Court announced it will list a plea concerning the escalating air pollution crisis in Delhi and the National Capital Region for hearing on December 17. This decision comes as the city experienced one of its most polluted days this winter on Monday. The upcoming hearing is expected to address both immediate and longer-term measures to tackle the persistent smog and the shortcomings in the enforcement of existing protocols.

During Monday's proceedings, a bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pamcholi, heard submissions from senior advocate Aprajita Singh, serving as amicus curiae. Singh highlighted that while preventive measures are in place, the principal concern remains their inadequate implementation by authorities.

Singh remarked that compliance with established protocols often occurs only under direct judicial supervision. Chief Justice Surya Kant acknowledged the matter's urgency, stating, "This is coming up before a three judges bench on Wednesday. It will come up."

The bench also considered issues relating to children's health and ongoing outdoor activities in schools, despite previous directives to restrict such events during periods of hazardous air quality. The amicus drew attention to continued non-compliance, stating, "Despite the order of this court, Schools have found ways and means to have these sporting activities…it is taking place. The CAQM (Commission for Air Quality Management) is again citing the order of this court.”

Chief Justice Surya Kant further observed concerns about the impact on vulnerable populations, especially labourers, stating, "We know the problem and let us pass orders which can be complied with. There are some directions which can be forcibly imposed. In these urban metropolitan cities people have their own lifestyle. But the poor…"

The Supreme Court had previously stated the plea against air pollution should not be treated as a "customary" case to be listed only during the winter months. It indicated the matter would be brought up twice a month to facilitate both short and long-term responses to the pollution crisis.

Delhi's air quality reached alarming levels on Monday, with the Air Quality Index (AQI) registering 498, classified as 'severe' by the Central Pollution Control Board. Out of 40 monitoring stations, 38 reported 'severe' air quality, with Jahangirpuri recording the highest AQI.