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No Fear No Favour

Can’t Go For Walks Due To Delhi’s Pollution, Says CJI Surya Kant; Agrees To Consider Request For Virtual Hearings

By Ayush Sachan

Chief Justice of India Surya Kant expressed concern on Wednesday about the severe air pollution in Delhi, stating that it has become challenging even for outdoor activities like walking. He recounted his discomfort after taking a 55-minute walk the previous day.

CJI Surya Kant made the observation when Senior Advocate Rakesh Dwivedi sought to be excused from the SIR hearing due to poor health. The CJI asked whether his condition was linked to Delhi’s weather, and Dwivedi agreed.

“The only exercise I do is walking. But even that is difficult now. Yesterday I walked for 55 minutes, and till morning I had problems,” the CJI said.

Senior Advocate Kapil Sibal shared his concern, stating that he had stopped going for walks due to the obnoxious air quality. He remarked, “To breathe this obnoxious air, at our age…” Dwivedi mentioned that his health issues started after he went for a walk. When the Chief Justice of India suggested that evening walks might be easier, Sibal advised against it, noting that the Air Quality Index remains between 300 and 350 even in the evenings.

Dwivedi then requested that the hearings be conducted virtually. Sibal supported the request, stating that a similar plea had been made earlier before former Chief Justice B.R. Gavai.

CJI Surya Kant expressed his willingness to consider the suggestion but emphasized the need for consultation with the Bar. He stated that if such a decision were made, he would inform the Bar. He emphasized the importance of uniformity in any action taken, suggesting that if the Bar believes in it, it should be a uniform rule. Considering all factors, he expressed openness to considering the Bar Association’s proposal. He mentioned that he would meet with the office bearers at the Constitution Day function in the evening and convey your suggestions.

Dwivedi suggested that lawyers above the age of 60 years should be exempt from physical appearances at least until the pollution levels improve.