Supreme Court says no single reason for Delhi air pollution: 'What magic wand can judicial forum exercise?'

Delhi air pollution (Image: AFP)

The Supreme Court has decided to take up, on December 3, a plea linked to the worsening air quality across Delhi-NCR, with the bench stressing that the matter requires continuous oversight.

The bench of Chief Justice Surya Kant and Justice Joymalya Bagchi responded to submissions by senior advocate Aparajita Singh, the amicus curiae in the long-running air pollution matter, who warned of an “alarming situation in Delhi-NCR and it is a health emergency.”

During Thursday’s hearing, the CJI remarked that while the gravity of the crisis is clear to all, the judiciary’s role has limits.

“What magic wand can a judicial forum exercise? I know this is hazardous for Delhi-NCR. We all know the problem. The issue is what is the solution,” he observed, adding that actual remedies must be determined by specialists.

“We will take up the matter. Problems we have identified. Solutions is what we need. We will have to identify all the reasons. There is no one reason for the problem. People may be thinking there may be only one reason but there are various factors," the CJI said.

He said hat the Court “needs to identify reasons” behind the persistent deterioration, noting that people often assume there is “only one reason but there are various factors.”

The plea was mentioned urgently before the Court earlier, with the amicus seeking an expedited hearing given the escalating pollution levels.

ANI reported that the bench acknowledged that the issue is “undeniably an issue affecting every resident of Delhi-NCR.” The CJI said the matter would be heard regularly and expressed hope that authorities “may have come up with something” by Monday.

Separately, on Wednesday, while hearing challenges relating to the Election Commission’s SIR exercise in Bihar, the CJI commented on the difficulty of stepping out for his morning walk due to the poor air. He said he had faced health discomfort after a 55-minute walk the previous day.

When Senior Advocate Rakesh Dwivedi sought permission to appear through video conferencing in future hearings, the CJI asked if this was due to Delhi’s current conditions, and Dwivedi confirmed it was.

Senior Advocate Kapil Sibal also agreed that the city’s weather had become harsh. A proposal to shift hearings temporarily to virtual mode was placed before the Court, and the CJI said he would need to consult the Bar and other stakeholders before any change.

Meanwhile, the Central Pollution Control Board reported that Delhi recorded an AQI of 349 at 7 am on Thursday, following Wednesday’s reading of 327 at 4 pm.

Even after the CAQM withdrew GRAP Stage III curbs, a dense layer of pollution remained. Anand Vihar registered 390, while Wazirpur hit 406 and Bawana 405, both falling in the ‘severe’ category. The lowest AQI among monitored spots was 243 at Mandir Marg.

Other areas showed troubling numbers: Rohini 400, Vivek Vihar 400, Nehru Nagar 395, Jahangirpuri 394, Narela 388, Ashok Vihar 388, Punjabi Bagh 377, Mundka 377, DTU 373, Chandni Chowk 371, Burari Crossing 369, ITO 357, RK Puram 356, Sonia Vihar 355, Okhla Phase-2 351, Patparganj 351, and JLN Stadium 350.