In the wake of the alarming air pollution crisis in Delhi, Supreme Court judges have been advised to accommodate virtual court hearings as far as possible, informed Chief Justice of India (CJI) Sanjiv Khanna on Tuesday [In Re: Commission for Air Quality Management].
The development came to light during a discussion between a Bench led by CJI Khanna and lawyers, including Solicitor General of India Tushar Mehta and Senior Advocates Kapil Sibal, Gopal Sankaranarayanan and Vikas Singh.
"Pollution is getting out of control," Sibal noted during the discussion.
"We have said to all judges here - wherever possible, allow virtual (hearing)," the CJI replied.
Sibal pointed out that this message must be shared with other courts as well.
Sankaranarayanan, meanwhile, pointed out that courts are not covered by the Graded Response Action Plan IV (GRAP IV) - a set of measures that are implemented when air quality levels severely deteriorate. GRAP IV is usually implemented when the AQI exceeds 450 and it involves a complete ban on construction activities, closure of schools and odd-even scheme for vehicles.
SG Tushar Mehta suggested that it could be extended to courts as well.
For the time being, the CJI disclosed, all courts have been advised to accommodate online hearings as far as possible, instead of having litigants or their counsel appear physically.
"We have given the message to accommodate everybody. Online is anyway available," the CJI said.
The steep rise in air pollution in the national capital yesterday led the Supreme Court to order the Delhi government to immediately suspend physical classes for all school students up to grade 12. The Delhi government announced the decision last night.
During yesterday's hearing, a Bench of Justices AS Oka and AG Masih had also said that it was contemplating passing an order to ensure that the GRAP IV remains in force even if the AQI improves.
The Bench was hearing the case concerning pollution in Delhi, which also involved examining the action taken by authorities across Punjab, Haryana and Uttar Pradesh to curb stubble-burning incidents.
In an earlier hearing, while lamenting the authorities' failure to curb the bursting of firecrackers during Diwali this year, the Court had said that the right to live in a pollution-free environment is a fundamental right of every citizen under Article 21 of the Constitution.
It had asked the Delhi government and the Delhi Police how the ban on firecrackers to curb pollution was flouted during Diwali celebrations in the national capital.
Pertinently, it had also asked the Delhi government to consider implementing a perpetual firecracker ban.
In September, the Court pulled up the Commission for Air Quality Management (CAQM) for failing to take adequate steps to curb air pollution.