The Supreme Court today refused to stay the execution of bailable warrants issued against the Chairman of apex pollution control board CPCB after he failed to appear and apprise it about the steps taken to prevent death of workers due to silicosis in Gujarat.
"We cannot stay the order (issuing bailable warrant) passed by the regular bench. You approach the regular bench," a vacation bench comprising Justices A M Sapre and Ashok Bhushan said.
The counsel, appearing for the Chairman of the Central Pollution Control Board (CPCB), said the head of the panel has been now asked to appear before the apex court on June 30 and in the meantime, the issuance of the warrant be stayed.
"We thought that there was an order passed by some tribunal against you (CPCB Chairman). How can we modify the order passed by another bench? You have to comply with the order," it said.
The court then said the application, moved on behalf of the CPCB Chairman, would be heard by the regular bench itself.
Before summer vacation, a bench of justices Kurian Joseph and R F Nariman had issued bailable warrants against the CPCB Chairman after taking note of his non-appearance before it in the case.
"Despite service of notice on the Chairman of the Central Pollution Control Board (CPCB), there is neither any personal appearance nor any appearance through the counsel requesting exemption from personal appearance.
"In that view of the matter, issue bailable warrants for securing the presence of the Chairman of the Central Pollution Control Board on the next date of hearing," it had said while fixing the matter for hearing on June 30.
In February, the court had asked the CPCB to apprise it of steps taken to prevent the disease and to provide workers a dignified and safe working environment.
It had also sought CPCB's response to a detailed report filed in the court on causes of the disease and the safeguards
On May 4, the apex court had directed Gujarat government to provide within a month compensation of Rs 3 lakh each to the kin of the 238 deceased and also deposit an amount of Rs 2 lakh each in their names as fixed deposits.
The court had said the distribution of money would be made
by the District Collectors of Jhabua and Alirajpur Districts of Madhya Pradesh.
"In order to facilitate the District Collectors to make the payment as above, the Chief Secretary of the State of Gujarat shall transfer Rs 3 lakh each in respect of the 238 deceased in favour of the District Collectors of Jhabua and Alirajpur," the bench had said.
On February 19, the apex court had directed CPCB to file an affidavit within four weeks on the action taken on the suggestions on spreading of silicosis disease due to pollution from quartz industries located in Godhra.
The court's direction came while hearing a plea by an NGO seeking compensation and rehabilitation of tribals workers belonging to Madhya Pradesh who had developed silicosis while working in crushing factories in Gujarat.
In 2010, the National Human Rights Commission had ordered Gujarat government to pay compensation of up to Rs 3 lakh to 238 silicosis affected workers after noting that "Gujarat did not act in the manner in which it was expected to discharge their constitutional obligation of protecting the lives of workers, who died due to Silicosis.
