Courts can't afford to deal with pollution cases causally: SC

The Supreme Court on Friday said that courts cannot afford to deal lightly with cases involving public health and that escalating pollution levels need to be checked. A Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam said issues affecting public health should be dealt with seriously. "Courts cannot afford to deal lightly with cases involving pollution of air and water. The message must go to all persons concerned, whether small or big, that the courts will share the parliamentary concern and legislative intent of the environmental Act to check the escalating pollution level and restore the balance of our environment," it said. Coming down heavily on factories discharging noxious and polluting effluents into water bodies which affect public health at large, the court said they should be dealt with strictly "de hors to the technical objections". "Since escalating pollution level of our environment affects on the life and health of human beings as well as animals, the courts should not deal with the prosecution for offences under the pollution and environmental Acts in a causal or routine manner," Justice Sathasivam writing the verdict for the Bench stated. These observations were made in a case related to a Raebareli-based company, Modi Carpets, which was reportedly found discharging its polluted trade effluent into the river Sai without any treatment. UP Pollution Control Board had moved the Chief Judicial Magistrate against Modi Carpets as the company had failed to comply with the conditional consent granted to it for discharging its trade effluents into the river.

"Loved reading this piece by Prakash Yedhula?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group