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A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi took note of the submissions of senior advocate Aparajita Singh, who is assisting the bench as amicus curiae in the air pollution case, that “the situation in Delhi-NCR is worrisome and it is a health emergency”.
“What magic wand can the judicial forum use? I know this is dangerous for Delhi-NCR. We all know the problem. The issue is what is the solution. We need to identify the causes and…solutions can only be given by domain experts. We hope and expect that long term solutions will be found,” the CJI said.
“Tell me what directions we can give? We issue some directions and immediately breathe clean air… Then we have to see what solutions can be in each area. Let us see what the government has constituted in the form of a committee. This matter has also been formally listed during the Diwali season and allows us to do regular monitoring,” the CJI said.
On November 19, the court asked the Commission for Air Quality Management (CAQM) to consider directing Delhi-NCR schools to postpone open-air sporting events scheduled for November–December to “safer months” due to toxic air levels.
It had refused to impose year-round restrictions under the Graded Response Action Plan (GRAP), an emergency framework that restricts polluting activities in extreme circumstances, and instead stressed the need for long-term, sustainable solutions.