[Zappo]

NGT seems to be on an overdrive. It wants to take some similar decisions for 13 other cities of India by tomorrow! They have asked for the list of most polluted cities in different states and has said that if they don't get this by tomorrow then the Chief Secretaries of each of these states will be issued with a bailable arrest warrant. Go figure!

[chakky]

Originally Posted by Zappo

NGT seems to be on an overdrive. It wants to take some similar decisions for 13 other cities of India by tomorrow! They have asked for the list of most polluted cities in different states and has said that if they don't get this by tomorrow then the Chief Secretaries of each of these states will be issued with a bailable arrest warrant. Go figure!

Interesting chairperson when you go through the details : https://en.wikipedia.org/wiki/Swatanter_Kumar

Not sure why he decided to act with such haste and threats. Is no one co-operating with him?

[vinit.merchant]

Originally Posted by chakky

Interesting chairperson when you go through the details : https://en.wikipedia.org/wiki/Swatanter_Kumar

Not sure why he decided to act with such haste and threats. Is no one co-operating with him?

A case of increased levels of "swatanter" (read as independence)?

Something does not look right here. NGT goes around banning one thing after another and there is a lot of silence from the higher ups. Are they not liable to presenting a fair and justifiable basis for the proposed decisions?
Or is the evaluating body not competent enough and is going blindly with what NGT is suggesting?

Anyway, the way they are going right now, they might as well go all out and put the ban country wide at one go.

I have seen strange suggestions making their way around but seldom seen them getting implemented. Here NGT has managed this feat again and again. Wonder how.

[sunishsamuel]

Strike announced against the NGT ban in Kerala,seems like a united call for strike. Along with different auto/taxi unions, vehicle dealers and workshops would also participate in the strike.

http://www.manoramaonline.com/news/j...le-strike.html

http://english.mathrubhumi.com/news/...news-1.1095529

[apachelongbow]

Originally Posted by chakky

Interesting chairperson when you go through the details : https://en.wikipedia.org/wiki/Swatanter_Kumar

Not sure why he decided to act with such haste and threats. Is no one co-operating with him?

As per Wikipedia he is a grand old party stooge appointed out of merit and a sexual offender who is allowed to go scot free after his colleagues decided to implement a media ban. I sincerely hope this is malacious and untrue news otherwise my faith on our judiciary is fallen into the gutter.

[chakky]

http://indiatoday.intoday.in/story/g.../1/680645.html

Well central government is now stepping in after Arun Jaitley's Japan visit started on the wrong foot...

[alpha1]

Originally Posted by Ragavsr

The NGT or even the Supreme doesn't have the right to ban anything. That is the job of the legislature and the Parliament.

The issue is that the judiciary retains the right to INTERPRET the LAW.
Pollution laws are existent.
Public health laws are existent.
Citizens also have basic rights in place as defined in the constitution.
It doesn't take much to for the Judiciary to connect the dots and claim that the Executive (President represented by Prime Minister or the Governor represented by the Chief Minister) is not working to enforce the law of the land.

Further the Judiciary can also interpret its powers to claim that even the Legislature (MPs, MLAs) are not working to come out with specific laws in response to problems that cannot be resolved under the general laws.

But what you say is right in principle. The rights to ban something should happen through democratic means - which in our parliamentary system translates to the elected representatives writing and passing bills which becomes law.

The ban on diesel vehicles above 2000 cc and the sunfilm ban are equally retarded.

Look at the reason that the Supreme Court gave to justify his ban on diesels above 2000cc. The judgement says that diesels are bad just because diesel buses were converted to CNG 20 years back to control pollution.

The judge clearly doesn't understand that technical progress can be made in twenty years. Neither do they have solid proof that all pollution in Delhi is because of above 2000 cc diesels.

http://supremecourtofindia.nic.in/Fi...1450256085.pdf

Check what the SC has to say:

We had by our order dated 9th October, 2015 issued certain
directions, aimed at mitigating the hardship which the people
living in Delhi undergo having regard to the high of pollution
in the city that has earned to it the dubious reputation of
being the most polluted city in the world. We had among others
directed the following measures to be taken ...

... It is noteworthy that diesel vehicles of 2000 cc and above and SUVs are
generally used by more affluent sections of our society and
because of the higher engine capacity are more prone to cause
higher levels of pollution. A ban on registration of such
vehicles will not therefore affect the common man or the
average citizen in the city of Delhi. We accordingly direct
that Registration of SUVs and private cars of the capacity of
2000 CC and above using diesel as fuel shall stand banned in
the NCR upto 31st March, 2016.

All we need do is to launch a PIL in the courts claiming that the words in italics don't have any evidence based backing.

BTW a court banning sunfilms which clearly legal as per the existing laws is also unparliamentary.

Actually not. In this case, there was a PIL filed in the courts, which said that since there is a LAW which states that nothing can be stuck on the glass windows of a vehicle, how/why is the Govt not enforcing that rule.

The Courts did nothing but to direct the Executive to implement to law.

You should curse our legislature for not amending the law.

Criticism of courts and their judgements is freedom of speech. If that is not allowed the country is truly a banana republic.

Oh but the judiciary retains their power to issue contempt of court notice ... and that a criticism of judiciary can easily be interpreted by the courts are the contempt of court!

Let me repeat the cliched line from Bollywood:
Judge bhi ham hi aur jallad bhi ham hi ...
जज भी हम ही और जल्लाद भी हम ही

[Zahoor23]

I just Google'd "NGT Diesel Ban" and i found this:
"The government today moved the National Green Tribunal (NGT) asking it not to extend its ban on diesel vehicles to 11 other cities. Meanwhile, Finance Minister Arun Jaitley also played down the ban on registration of large diesel vehicles in the National Capital Region (NCR), calling it a "transient phase".
http://indiatoday.intoday.in/story/g.../1/680645.html

[TD_GHY]

Originally Posted by Ragavsr

There is no harm in calling a retarded brainless idiot or a drunkard by the same name . The NGT is just a that. Bunch of useless brainless idiots.

I had to take the liberty to view your public profile to actually see what your age is, what you do to make out sense of how you could behave like that for an institution and its judges who have more than 30 years of experience in justice or administration.

The NGT or even the Supreme doesn't have the right to ban anything. That is the job of the legislature and the Parliament.

Sorry to disappoint, but they can. Pick up any polity book or search on the Internet on this matter, you'll get to know.

Second , the NGT is not the judiciary

It is quasi-judicial. It has the powers of a civil court.

The NGT shouldn't interfere in matters where there is rule of law already established.

If it comes within its ambit, it can. Appeals can be made in a high court and subsequently Supreme Court.

I don't understand why the judiciary should be above criticism .The judges are also humans bound to make mistakes . They are not GOD. This over respect of judiciary is a Victorian British hangover.

Criticism should be with facts and premises, not calling them names like idiots, drunkard and the like.

BTW a court banning sunfilms which clearly legal as per the existing laws is also unparliamentary. There is nothing in using unparlientary words to describe in parliamentary behaviour. I wish the government would put the Courts back to its place of enforcing existing laws and not creating new ones.

Hell yeah man. It was such an "unparliamentary" judgment that we'll call the judges idiot, drunkard. Yeah, great going.

Criticism of courts and their judgements is freedom of speech. If that is not allowed the country is truly a banana republic.

Banana republic has to do with economics, not with freedom of speech.

Definition as copied from Google search results:
a small state that is politically unstable as a result of the domination of its economy by a single export controlled by foreign capital.

Mods, please delete if the post is inappropriate.

[anjan_c2007]

Today's development:
The NGT was supposed to deliver its verdict on banning registration of new 2000 cc plus diesels and ban on old vehicles in some 11 more cities today. This has been postponed to tomorrow according to this news report.

Economic Times:

http://economictimes.indiatimes.com/...w/52501156.cms




The Union Ministry of Heavy Industry and Public Enterprises has filed its reply requesting the NGT not to ban new 2000 cc plus diesel registrations in these cities as the auto industry brings in the fifth largest FDI. any ban would send wrong signals.

http://www.hindustantimes.com/india/...AvioV82PK.html

[anand.shankar]

I dont understand the logic behind the ban, according to me, the Micro diesels needs to be banned first. I am sure Diesel hatchbacks and sedans outnumber SUV at least 1:4 or more in cities. With the sheer numbers, it makes sense to ban small diesels and hike the tax large private diesels. Subsequently, the Govt. could think of cutting tax/excise duty etc on efficient and cleaner petrol. While commercial vehicles should remain untouched irrespective of their capacities. Wont that make more sense ? Or am I not thinking right ?

[sgiitk]

I think a lot of this judicial activism stems from Administrative coma over the few years. The three pillars, Judiciary, Administration, and Legislature function best when they in a friendly conflict. For about five years one (or even two) were in deep slumber, sot he third (Judiciary) grabbed a lot of space, and now it will be tough for the other two to reclaim territory.

I guess this ban should apply to tractors as well. Send the Hon. NGT to some Punjab or Haryana village to face the music.

[SnS_12]

NGT will arrest Chief Secretaries of 8 States if pollution data is not provided by today.

The National Green Tribunal (NGT) today gave the Chief Secretaries of eight States a final chance for complying with its order to submit data regarding pollution.

A Bench comprising Chairperson Swatanter Kumar directed the Chief Secretaries to submit details about the most polluted cities in their concerned State by tomorrow or face arrest. Maharashtra, Uttar Pradesh, Bihar, West Bengal, Karnataka, Tamil Nadu, Telangana and Punjab are the eight States.

Article: http://barandbench.com/rampage-ngt-will-arrest-chief-secretaries-states-pollution-data-not-supplied-tomorrow/

Well, this could rattle up the second hand Diesel car market, with sellers getting desperate to get the deal finalised at the earliest. But, what about buyers (including me) should we take the plunge and a cracking deal or wait and watch??

[smekad]

I smell something fishy in such hasty steps by NGT to ban cars with a specific cc. Which manufacturer stands to gain with such a move? Maruti, Hyundai?

I hope NGT is reigned in soon by the government and instead of banning cars they are chartered to come up with better pollution norms- for not just automobiles!

[motorheart]

MARUTI and Hyundai are definitely set to gain, but after subros Fire Marutis production is stalled..so ultimate gainer is Hyundai