Delhi, November 19 – In a decisive move to mitigate the impact of Delhi’s deteriorating air quality, the Supreme Court has advised all courts to prioritize online hearings over physical appearances wherever possible. Chief Justice of India (CJI) Sanjiv Khanna disclosed this during a discussion in the ongoing case In Re: Commission for Air Quality Management on Tuesday.
The discussion involved several senior advocates, including Solicitor General of India Tushar Mehta, and senior lawyers Kapil Sibal, Gopal Sankaranarayanan, and Vikas Singh.
“Pollution is getting out of control,” noted Kapil Sibal during the hearing.
In response, CJI Khanna assured, “We have said to all judges here—wherever possible, allow virtual (hearings).” He further added, “We have given the message to accommodate everybody. Online is anyway available.”
The advisory comes as Delhi grapples with hazardous air pollution levels, with the Air Quality Index (AQI) breaching 450 in several areas, prompting the implementation of the Graded Response Action Plan IV (GRAP IV).
Extending GRAP IV to Courts
Senior Advocate Sankaranarayanan pointed out that courts are currently excluded from GRAP IV guidelines, which mandate strict measures such as a complete ban on construction activities and the odd-even vehicle scheme. SG Tushar Mehta suggested extending GRAP IV provisions to court premises as well.
Schools Shut as Emergency Measures Expand
In another significant development, the Supreme Court on Monday ordered the Delhi government to suspend all physical classes for students up to grade 12. The government promptly announced the decision to shift classes online, aligning with the Court’s directive.
Fundamental Right to a Clean Environment
During the hearing, the Bench reiterated that the right to live in a pollution-free environment is a fundamental right under Article 21 of the Constitution. The Court also questioned the Delhi government over its failure to enforce the firecracker ban during Diwali, highlighting the ongoing crisis of stubble burning in neighboring states.
While the Supreme Court acknowledged the steps taken by the Delhi government, it stressed the urgency of robust, sustained action to address the crisis. “The air pollution situation requires immediate and unified efforts from all authorities,” observed the Bench.
As Delhi continues to reel under severe pollution, the shift to online hearings is seen as a practical step to reduce unnecessary travel and exposure to toxic air, emphasizing the judiciary’s role in ensuring public safety amidst environmental challenges.
