The Supreme Court strongly criticised the air quality panel on Friday for its inadequate measures to monitor air quality and tackle pollution in the national capital region. A bench of Justices Abhay S Oka and AG Masih said that the Commission for Air Quality Management (CAQM) has failed to fulfil its purpose.

Every winter, the NCR faces a severe air quality crisis, stubble burning in the neighbouring states of Haryana and Punjab being among major contributors.

“There has been total non-compliance of the Act. Have committees been constituted? Please show us a single step taken, which directions have you used under the Act? Just see the affidavit. Show us a single direction issued under S 12 and others,” Justice Oka said. He added, “It is all in the air, nothing they have showed as to what they have said to the NCR States.”

When informed by CAQM chairman Rajesh Verma that the commission meets once every three months, the court questioned whether this frequency is sufficient, whether decisions made have helped in solving problems, and whether incidents of stubble burning are decreasing.

The Supreme Court also asked the chairman what actions have been taken against erring officials. Additional Solicitor General Aishwarya Bhati, representing the Centre, clarified that the chairman had only joined two weeks ago.

Verma said that meetings were held with officials and the pollution boards of Punjab and Haryana, during which warnings were issued to their chief secretaries.

Senior advocate Aprajita Singh, acting as amicus curiae, pointed out that if the law is being violated, the CAQM has the authority to take action. “But they are being silent spectators,” the court observed.

Singh said that thousands of crores were offered to farmers for equipment to help stop stubble burning. “In 2017, we thought it would help stop, but it has not, and that is why the CAQM has come today and now some officer has to be held responsible,” she said.

The court said that authorities must ensure the use of stubble-burning alternatives at the grassroots level. “One of the duties is to work with NCR States and it (CAQM) has vast powers conferred, including closure of polluting units. We are of the view that though the Commission has taken certain steps, the Commission needs to be more active and must ensure that its efforts and directions actually translate into reducing the problem of pollution,” the court stated.

It also instructed the CAQM to submit details of their meetings and a more comprehensive compliance report. The matter will be heard again next Thursday.