Supreme Court Asserts Broad Oversight Powers in Environmental and Criminal Justice Cases

New Delhi – In a series of significant orders, the Supreme Court of India has underscored its role as the ultimate guardian of constitutional rights, intervening decisively in cases of severe environmental degradation and breakdowns in criminal investigation. One bench has initiated a consolidated hearing for a "deadly" polluted river in Rajasthan, triggered by a YouTube documentary, while another has wrested the investigation of a fatal political rally stampede from state police, handing it to the CBI under the watch of a court-appointed committee.

These developments signal a proactive judicial stance on matters of public welfare, environmental accountability, and the integrity of the justice system, with far-reaching implications for state governments, regulatory bodies, and legal practitioners.

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Rajasthan's Polluted Rivers: SC Clubs Suo Motu Case with Pending Appeals

A Supreme Court bench of Justice Vikram Nath and Justice Sandeep Mehta has directed the consolidation of a suo motu writ petition concerning the pollution of Rajasthan's Jojari River with several pending statutory appeals against a 2022 National Green Tribunal (NGT) order. The move aims to streamline the adjudication of what the NGT termed an "environmental disaster" affecting the Jojari, Bandi, and Luni rivers.

The Court took suo motu cognizance of the issue after a documentary titled “2 Million Lives at Risk | India's Deadliest River | Marudhara | Jojari | Rajasthan” was uploaded by the YouTube channel “News Pinch” on September 12. The documentary highlighted the discharge of industrial waste from textile and steel units, which allegedly rendered drinking water unpotable for hundreds of villages.

The bench, in its order dated October 9, recognized the significant overlap between the issues raised in the suo motu case and the appeals filed against the NGT's comprehensive directions. Recognizing this, the court ordered: “The Registry is directed to place the papers before Hon’ble the Chief Justice of India for seeking direction of analogous hearing for all the above-referred matters with the suo motu writ petition.”

Background and NGT's Role

The matter has a protracted litigation history, originating in the Rajasthan High Court before being transferred to the NGT. The tribunal, after reviewing reports from a monitoring committee, found rampant pollution from industrial effluents across Jodhpur, Pali, and Balotra.

In its final order dated February 25, 2022, the NGT issued stringent directives based on the 'Polluter's Pay' principle, which included:

• Zero Tolerance for Pollution: A mandate for the Rajasthan State Pollution Control Board (RSPCB) to ensure no untreated or partially treated pollutants are discharged, with violators facing closure.
• Environmental Compensation: Directives for regulators to assess and recover compensation from violators. RIICO was specifically ordered to pay Rs. 2 Crores, while the local bodies of Barmer and Jodhpur were directed to pay Rs. 2 Crores each, with further penalties for non-compliance.
• Continuous Monitoring: Establishment of a committee comprising the RSPCB, District Magistrates, and the Central Ground Water Authority (CGWA) for regular monitoring and remedial action.

This NGT order was challenged in the Supreme Court through statutory appeals under Section 22 of the NGT Act, 2010, by entities including RIICO and the municipal councils of Jodhpur and Pali. The Apex Court had granted interim stays in some of these appeals in 2022. The new suo motu petition, IN RE: 2 MILLION LIVES AT RISK, CONTAMINATION IN JOJARI RIVER, RAJASTHAN , will now be heard alongside these appeals, ensuring a holistic examination of the entire environmental crisis.

This action is consistent with the recent trend of benches led by Justice Nath taking up significant environmental and human rights issues suo motu , including ecological concerns in Himachal Pradesh and the lack of functional CCTVs in Rajasthan police stations.

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Karur Stampede: SC Orders Monitored CBI Probe, Criticizes High Court's Handling

In a separate, high-stakes matter, a bench of Justice JK Maheshwari and Justice NV Anjaria ordered a CBI investigation into the September 27 stampede in Karur, Tamil Nadu, which claimed 41 lives during a rally for actor Vijay's political party, Tamilaga Vettri Kazhagam (TVK).

The Court's interim order on October 13 underscored the need for an impartial probe, stating, "The issues have a bearing on the fundamental rights of the citizens and the incident which has shaken the national conscience, deserves a fair and impartial investigation."

To ensure the integrity of the investigation, the bench took the extraordinary step of forming a 3-member Supervisory Committee headed by former Supreme Court Judge, Justice Ajay Rastogi. Justice Rastogi will select two senior IPS officers to assist in monitoring the CBI's progress, reviewing evidence, and issuing necessary directions. This hybrid oversight model aims to allay concerns about the impartiality of a state-led investigation.

Scathing Rebuke of Madras High Court

The Supreme Court's order was accompanied by sharp criticism of the Madras High Court's procedural and jurisdictional handling of the matter. The bench questioned how a writ petition seeking a Standard Operating Procedure (SOP) for political rallies was not only registered as a criminal writ petition but also used as a vehicle to constitute a Special Investigation Team (SIT) of state police officers.

The Court highlighted two critical lapses by the High Court's Principal Bench in Chennai: 1. Jurisdictional Overreach: The bench noted that Karur falls within the jurisdiction of the Madurai bench, and the Chennai bench could not have entertained the matter without specific authorization from the Chief Justice, which was absent. 2. Procedural Impropriety: The order to form an SIT was passed in a petition that did not seek such a remedy, a move the Supreme Court found highly irregular.

The bench has sought a report from the Madras High Court's Registrar General on the matter and directed the Chief Justice to re-assign the original SOP petition to another bench.

The Supreme Court's intervention came in a clutch of petitions, including one from TVK, which challenged the High Court's formation of an SIT composed solely of Tamil Nadu police officers. The party sought an independent investigation, citing concerns of bias. The bench also raised probing questions during the hearing about why the rally was permitted in a narrow passage where another party had been denied permission and questioned the haste with which postmortems and cremations were conducted.

The state has been granted eight weeks to file its counter-affidavit. The Court has clarified that its order is based on prima facie observations, but it has effectively reset the course of the investigation into one of the state's most tragic recent events.