Today, On 19th November, Chief Justice of India Sanjiv Khanna allowed lawyers to attend court proceedings online due to Delhi’s worsening air pollution. The move aims to prioritize health and reduce exposure to hazardous conditions. This decision comes amid alarming pollution levels in the capital, disrupting daily activities. The measure highlights the judiciary’s adaptability in addressing environmental and public health challenges.
New Delhi: In response to the worsening air pollution crisis in Delhi, Chief Justice of India (CJI) Sanjiv Khanna announced that Supreme Court judges have been advised to prioritize virtual court hearings whenever possible.
This directive made during a discussion led by a Bench headed by CJI Khanna, which included Solicitor General Tushar Mehta and senior advocates Kapil Sibal, Gopal Sankaranarayanan, and Vikas Singh.
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Sibal remarked,
“Pollution is spiraling out of control,”
To which the CJI responded,
“We have instructed all judges to allow virtual hearings wherever possible.”
Highlighting the judiciary’s flexibility, CJI Sanjiv Khanna stated,
“The court will operate in a hybrid mode, blending physical and virtual appearances to maintain accessibility and responsiveness in these challenging times.”
Sibal stressed the importance of extending this approach to other courts, while Sankaranarayanan noted that courts are not included in the Graded Response Action Plan IV (GRAP IV).
GRAP IV, a stringent set of measures activated when the air quality index (AQI) exceeds 450, mandates actions such as halting construction activities, closing schools, and implementing vehicle restrictions. Solicitor General Mehta suggested that these measures should also apply to courts.
The CJI confirmed that all courts have been encouraged to facilitate online hearings to minimize the need for physical appearances, stating,
“We’ve conveyed the message to accommodate everyone. Online hearings are always an option.”
In a related decision, the Supreme Court ordered the Delhi government to suspend in-person classes for students up to grade 12 due to the alarming pollution levels, a directive the Delhi government implemented later that evening.
During deliberations on the pollution crisis, a Bench comprising Justices A.S. Oka and A.G. Masih suggested that GRAP IV could remain in effect even if AQI levels show slight improvements. The discussion also included scrutiny of anti-pollution measures taken by Punjab, Haryana, and Uttar Pradesh, particularly concerning stubble-burning practices.
Previously, the Supreme Court criticized authorities for failing to prevent the use of firecrackers during Diwali, emphasizing that the right to a pollution-free environment is a fundamental aspect of Article 21 of the Constitution. The Court questioned the Delhi government and police regarding the enforcement of the firecracker ban and encouraged consideration of a permanent prohibition.
In an earlier hearing, the Commission for Air Quality Management (CAQM) faced reprimand from the Court for its inadequate actions against air pollution, highlighting the urgency of addressing the deteriorating environmental conditions.