CJI flags health impact of Delhi’s toxic air as lawyers seek virtual hearings

With the national capital’s Air Quality Index plunging to hazardous levels, Chief Justice of India Surya Kant on Wednesday remarked that he is unable to go for his routine morning walk due to the toxic air, prompting senior lawyers to request that the Supreme Court allow virtual appearances to limit exposure.

The CJI said that two days ago he went for his usual 55-minute morning walk but returned home feeling “discomforted,” a condition that persisted for the next two days.

Advertisement

“Now I walk only in the evening,” he said, to which senior advocate Kapil Sibal suggested discontinuing that as well, pointing out that the AQI even in the evening remains between 300 and 400—categorised as “very poor” and posing serious health risks.

Sibal urged the CJI to consider allowing senior lawyers to appear virtually. Justice Surya Kant responded that any decision taken would apply uniformly to all, adding that he would raise the matter at an evening function and convey the concerns of the Bar.

Sibal also referred to submissions made in an earlier pollution-related case, in which a lawyer had informed the Court that air pollution in Delhi had been worsening each year, forcing schools to shut for as many as 55 days in 2024 and shift to online classes.

He reiterated that the situation continued to deteriorate annually, noting that schools had indeed remained closed for 55 days last year due to hazardous air quality.

The discussion arose after senior advocate Rakesh Dwivedi sought permission to argue virtually, saying he was suffering from severe congestion due to exposure to polluted air.

Representing the Election Commission of India, Dwivedi informed the Bench that lawyers assisting him would be physically present in court to take notes on arguments being advanced in the ongoing challenge to the constitutionality of the Special Intensive Revision (SIR) exercise.

He echoed the CJI’s concerns, saying the air pollution was causing “serious adverse health effects” and that he too had been affected.

The Court granted Dwivedi permission to appear online, and he will now present his submissions on December 4, 2025. When another lawyer suggested responding the next day, Dwivedi said he was unable to argue for more than “15 to 20 minutes” given his current respiratory condition. Sibal immediately intervened, saying, “Health is first…”