2 months ago
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Former Supreme Court justice Justice Deepak Gupta connected Wednesday said that courts present warrant biology degradation and attacked the judiciary implicit antithetic decisions, ranging from a cleanable chit to Vantara to allowing the Great Nicobar project.
“The Supreme Court and the High Courts were precise active. They took a pro-active relation successful protecting the environment. Unfortunately, that is not existent anymore,” helium said astatine the Anil Agarwal Dialogue 2026, organised by the Centre for Science and Environment, successful Nimli of Rajasthan.
“Now, determination are definite phrases which the tribunal uses to warrant biology degradation. Procedure has go much important than the environment,” helium said, adding that courts mostly cheque lone if process is followed.
“I’m sorry, that is not wherever the court’s relation finishes. The process whitethorn person been followed, but if the extremity effect is an biology disaster, the tribunal is required to measurement in,” helium added.
Two examples
“I privation to springiness 2 (examples). The Nicobar lawsuit is 1 successful which the NGT (said) process was followed. The process whitethorn beryllium followed. I person work a tribunal bid that you chopped trees successful the Andamans, for thenar lipid plantations, which is the astir damaging for the ecology. And the compensatory trees volition beryllium planted successful Haryana and Rajasthan. What nonsense are we talking? Compensatory afforestation has go a joke,” the erstwhile Supreme Court justice said.
Justice Gupta said that the 2nd illustration is the Vantara case. “I can’t recognize however the Supreme Court went (about the case). To me, it seems similar a stage-managed case. It seems that the Vantara radical got the writ petition filed. The Supreme Court says that if a Chief Minister makes immoderate remarks which are unpalatable, past spell to the High Court. But successful Vantara, the Supreme Court appointed a committee and the committee gave a study successful 1 week and they said everything is hunky dory,” helium said.
The former Supreme Court justice besides said that the Central Empowered Committee (CEC), which was acceptable up by the Supreme Court, earlier consisted of wood officials, bureaucrats, experts, and lawyers, among others, but present has lone authorities officials.
“And reports (of the CEC) tend to present favour the government, arsenic we saw successful the Aravalli case,” helium said, adding that determination are different issues with the Aravallis, but helium does not privation to remark connected them arsenic the lawsuit is pending earlier the Supreme Court.
‘Judges beryllium connected experts’
“Finally, we each blasted the judges, but they beryllium connected experts. And if the adept study is not proper, past what tin they do? There are precise fewer judges who volition spell beyond the adept study and analyse the adept study also,” helium said.
Justice Gupta besides said that determination are galore delicate geographic areas wherever the tribunal indispensable measurement in. “But we (courts) besides get tripped by the nationalist information angle. [For] the Char Dham road, Justice Nariman passed an bid saying the roadworthy width should beryllium six metres oregon 7 metres. Then a Lieutenant General files an affidavit saying that the Army required 20 metres oregon 30 metres. When the Army says, past you springiness it. As a judge, we cannot overrule everybody. But I cognize it from bully sources; the man was asked to springiness that affidavit, but it was ne'er really the request of the Army,” helium said.
“It is due to the fact that different things are astatine play, similar the bigger the contract, you cognize determination are different things that are big.So, the environment has taken a backseat,” helium added.
The erstwhile Supreme Court justice besides said that eco-sensitive zones are being rolled backmost everyplace and permissions for the rollbacks are being fixed easily. “But present galore times, the lone happening that is checked is whether the process is followed,” helium said.
Justice Gupta besides said that the orders which were passed banning firecrackers successful Delhi person been reversed and the bid banning 10-year-old (diesel) cars (in Delhi) has besides been reversed. “You feel sad that alternatively of progressing, we are regressing,” helium said, adding that helium is an optimist and hopes that things volition change.
