Judiciary has no ‘magic wand’ to clean Delhi’s air, says CJI Kant

New Delhi: The Supreme Court has said courts cannot be expected to conjure instant solutions to Delhi-NCR’s toxic air, stressing that only expert-led, region-specific measures can tackle the crisis. Chief Justice of India Surya Kant made the comments after amicus curiae Aparajita Singh mentioned a pending PIL on air pollution, asking what “magic wand” a judicial forum could reasonably wield to ensure immediate clean air.

While cautioning against the belief that court directions alone could swiftly resolve the problem, the CJI agreed to list the long-pending MC Mehta pollution matter on December 1 and called for continuous, year-round monitoring instead of “ceremonial” hearings during Diwali and winter. He underlined that Delhi’s poor air quality stems from multiple causes, saying it would be “a mistake” to assume there is a single source, and that only scientists and domain experts can properly assess contributors and frame solutions.

The court recently urged the Commission for Air Quality Management to consider postponing school sports events, noting that children are especially vulnerable, and the worsening smog has begun to affect even judges’ daily lives. CJI Kant said he struggled to complete his morning walk due to the pollution, while senior advocate Kapil Sibal told the bench he had stopped walking altogether, complaining of “obnoxious” air and high evening AQI levels.

Amid growing health concerns, Justice P.S. Narasimha has advised lawyers to opt for virtual hearings to avoid “permanent damage” from prolonged exposure to hazardous air, asking why they continued to appear physically when online facilities were available. The apex court has indicated it is open to expanding virtual hearings if the Bar makes a formal proposal, as Delhi’s air-quality crisis shows no sign of immediate relief.

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