CJI acknowledges air 'really bad' in Capital
New Delhi, Nov. 27 -- Delhi-NCR's choking air overshadowed multiple proceedings in the Supreme Court on Wednesday, with Chief Justice of India (CJI) Surya Kant and several senior lawyers repeatedly flagging the deteriorating air quality that has begun affecting basic functioning inside the courtroom.
During the hearing of a plea seeking safeguards for poor and EWS-category students missing out on education due to online classes during pollution emergencies, the bench headed by CJI Kant and also comprising Justice Joymalya Bagchi remarked that the air in Delhi had become "really bad". Justice Kant shared that after his evening walk on Tuesday, he "had problems regaining health since morning", underscoring the human toll of the escalating pollution situation.
The court was hearing an application involving the widening digital divide faced by students in government schools, particularly when classes are shifted online under emergency measures imposed as part of the Graded Response Action Plan (GRAP). The plea seeks implementation of PRAGYATA guidelines that were introduced during the Covid pandemic to ensure online education access based on the level of digital resources available to students. The PRAGYATA (Plan, Review, Arrange, Guide, Yak, Assign, Track, Appreciate) guidelines are a set of recommendations issued by the education ministry for digital and online education in India, launched to mitigate the impact of school closures.
Even as advocates Pankaj Sinha and Shashank Singh highlighted that the number of school days shifted from physical to online mode due to pollution has been rising -- 24 days in 2022, 40 in 2023 and 55 last year, the bench noted administrative indifference to the issue. The Court pointed out that despite notice issued on September 16 to the Centre, Delhi government and its Directorate of Education, none had chosen to respond or appear.
"It appears that the relief sought in this application requires assistance from the Directorate of Education. Unfortunately, the said department has not come forward to assist the court," observed the bench, summoning the Delhi education secretary to appear when the matter is next heard.
However, as the hearing progressed, the impact of severe air pollution played out in real time.
Senior advocate Rakesh Dwivedi abruptly sought permission to leave midway through arguments, citing "chest congestion", and requested that he be allowed to appear online. Supporting him, senior advocate Kapil Sibal said: "Things are really getting from bad to worse. Every year, the pollution is increasing. At least there should be some option for the elderly lawyers who may get sick." Dwivedi added that he felt discomfort after a morning walk and requested hybrid hearing access.
The CJI responded empathetically, noting that judges were equally affected, especially given that "most of them are above 60 years." He recalled that a former Supreme Court judge associated with the e-Committee recently suffered a stroke linked to the weather conditions.
On the request for online hearings, the bench said uniform directions would require consultation with Bar Associations: "I will take the Bar into confidence. Sometimes we are not aware what kind of difficulties lawyers will face if we take such a decision."
The observations came on a day when Delhi's air quality remained in the "very poor" category, and the city recorded some of its lowest November temperatures in two years. At 9am Wednesday, the air quality index (AQI) stood at 333, classified as "very poor", after being recorded at 353 at 4pm Tuesday and 382 on Monday. Thanks to higher wind speeds during the day, the AQI marginally improved but remained above 300 for the 21st straight day -- the longest such streak this year, matching 21-day runs recorded from November 2-22, 2022 and January 11-31, 2024.
Meanwhile, the applicant sought immediate orders directing adoption of the PRAGYATA guidelines, but the bench declined to issue directions without first hearing the Centre and Delhi government.
The application argued that while schools are shut under GRAP, there is no mechanism ensuring continued education for students without access to devices, internet or digital infrastructure, violating their fundamental right under Article 21A. It stated that children from marginalised backgrounds face "prolonged educational deprivation", falling behind peers with digital resources. The matter is expected to be listed again soon.
The CJI's remarks came days after another Supreme Court judge, Justice PS Narasimha, sounded a grim warning over the worsening air quality in the national capital region (NCR), calling the situation "very serious" and urging lawyers to avoid physical appearances in court.
Justices Narasimha, leading a bench that also comprised Justice Atul S Chandurkar, made the observation on November 13, advising members of the Bar to use the virtual hearing facility instead of appearing in person given the alarming levels of pollution in Delhi. ""Situation is very, very serious! Why are you all appearing here? We have the virtual hearing facility. Please avail it. This pollution will cause permanent damage," Justice Narasimha said on the day.
On the judicial side, the top court is seized of a batch of matters relating to air pollution in Delhi-NCR, and has been issuing various orders periodically. The latest order in the case was issued on November 19 when it allowed major revisions to the GRAP Capital Region as part of short-term measures proposed by the Commission for Air Quality Management (CAQM) in response to the capital's winter pollution crisis. The proposed changes shift stricter measures to earlier stages, with some stage 4 advisories (when AQI is above 450) now applying at stage 3 (AQI 401-450), stage 3 measures at stage 2 (AQI 301-400), and stage 2 directives at Stage 1 (AQI 201-300).
A bench, led by then CJI Bhushan R Gavai, had also asked CAQM to consider directing schools in Delhi-NCR to postpone open-air sports competitions planned in November and December to "safer months", keeping in mind air pollution levels...
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