SC refuses to accord urgent hearing on PIL on Delhi air pollution

The Supreme Court on Thursday refused to accord urgent hearing to a PIL seeking fresh guidelines on stubble burning to curb air pollution in Delhi-NCR, saying some issues are not "judicially amenable" and stressing the need for "genuine solutions".

A bench comprising Chief Justice D Y Chandrachud and Justices Hima Kohli and J B Pardiwala asked lawyer Shashank Shekhar Jha, who filed the PIL, whether banning stubble burning alone would help in curbing air pollution.

So what is your solution to Delhi pollution, the CJI asked Jha.

On being told that stubble burning is causing the pollution, the bench said, So we ban it? Will that stop? Do we enforce it against every farmer? Let us think of some genuine solutions. There are things, (where) courts can do something and there are something where courts cannot do. We are to look at the judicial aspects.

"Some matters, courts can look into and some it cannot. Since they are not judicially amenable... We have heard you and it would not be taken up now, the CJI said.

The PIL has sought a direction to schools, colleges and government and private offices to go virtual/online.

The lawyer alleged that the problem of pollution comes up every year and there is a serious threat on the life and liberty due to the smog in Delhi-National Capital Region.

The plea has also sought appointment of a "high-level committee" under the chair-ship of a retired Supreme Court judge to tackle the air pollution crisis due to stubble burning.