By PTI

Copyright tribuneindia

Concerned over the spike in pollution levels in winter, the Supreme Court asked the Punjab Government on Wednesday why some errant farmers should not be arrested for indulging in stubble burning, a key contributor to air pollution, to send across a stern message.”You take a call, otherwise we will issue a mandamus (court order),” a Bench comprising Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran said while making strong observations on the issue.The Bench also directed the Commission for Air Quality Management (CAQM), Central Pollution Control Board (CPCB) and the state pollution control boards of UP, Haryana, Rajasthan and Punjab to come out with measures to prevent air pollution within three weeks.The top court was hearing a suo motu plea related to filling of vacancies in the CAQM, CPCB and state pollution boards, and pulled them up for the delay. As the proceedings progressed, the CJI asked senior advocate Rahul Mehra, who represented the Punjab Government, why errant farmers should not be arrested and penalised for stubble burning.”Farmers are special and we are eating because of them, but it does not mean that we cannot protect the environment. Why don’t you think of some penalty provisions? If some people are behind bars, it will send the correct message. If you have a real intention of protecting the environment, then why shy away?” the CJI asked.The Bench expressed dissatisfaction over the lack of stringent measures put in place by the Punjab Government to check stubble burning, a practice in vogue among farmers in Punjab, Haryana, western UP and Delhi to quickly clear their fields for the next sowing cycle.At the outset, the CJI said stubble, instead of being burnt, can be re-purposed as biofuel and insisted that the state must consider stricter punitive provisions if it is genuinely committed to environmental protection.Mehra said the Punjab Government had already taken several steps and the number of stubble-burning incidents had gone down from 77,000 to 10,000 in recent years. He said arresting small farmers, who till around one hectare of land, could disproportionately impact them and if they were arrested, their dependents will suffer too. The CJI took note of the concerns expressed by Mehra, qualified his observations and said the arrests need not be routine but might be necessary to set an example.Meanwhile, the Bench asked the CAQM to deliberate with the CPCB, concerned states and their pollution control boards “to come out with a concrete plan to prevent pollution… the same shall be done within three weeks”. It sought a report from the CAQM and fixed the next hearing on October 8.