Guwahati: Former Supreme Court judge Justice Deepak Gupta on Wednesday expressed grave concern over the judiciary’s shifting stance on environmental protection, suggesting that courts have moved from a “pro-active” role to one that prioritises administrative procedure over ecological consequences.
Speaking at the Anil Agarwal Dialogue 2026, organized by the Centre for Science and Environment (CSE), Justice Gupta delivered a stinging critique of recent judicial trends, specifically questioning the Supreme Court’s handling of the Vantara case and the efficacy of compensatory afforestation.
Justice Gupta noted that while the Supreme Court and High Courts once led the charge in safeguarding India’s natural resources, that commitment has weakened. “The Supreme Court and the High Courts were very active. They took a pro-active role in protecting the environment. Unfortunately, that is not true anymore,” he said. He argued that judgments now often lean on whether “due process” was followed rather than scrutinizing the actual environmental impact of a project. “Procedure has become more important than the environment. But if the end result is an environmental disaster, the court is required to step in,” he added.
The former judge was particularly vocal regarding the Vantara matter, describing the legal proceedings as appearing “stage-managed.” “I can’t understand how the Supreme Court went about the case. To me, it seems like a stage-managed case,” he said, adding that it appeared as though those connected with Vantara had ensured that a writ petition was filed.
He observed that while the Supreme Court has often told petitioners to approach High Courts if they are aggrieved by remarks made by Chief Ministers, it chose to appoint a commission in the Vantara case. The commission, he noted, submitted its report within a week and said “everything is fine.”
Justice Gupta also dismissed the logic of compensatory afforestation in the context of the Great Nicobar project. “You cut trees in the Andamans for oil palm plantations and then say compensatory trees will be planted in Haryana and Rajasthan. What nonsense are we talking? Compensatory afforestation has become a joke,” he remarked.
Highlighting a shift in the oversight mechanisms, Justice Gupta flagged changes in the composition of the Central Empowered Committee (CEC). He noted that the body, once a mix of experts and lawyers, is now dominated by government officials, leading to reports that increasingly favor State interests.
While acknowledging the limitations of the bench, Justice Gupta observed that judges are often heavily dependent on expert reports. “If the expert report is not proper, what can they do? Very few judges will go beyond the expert report and analyse the expert report too,” he said.
Citing the Char Dham road widening case, he said an earlier order limiting the width of the road was altered after an affidavit from a senior Army officer referred to national security requirements. “When the Army says something, you give it. As a judge, we cannot overrule everybody,” he said, while claiming that the width mentioned is not actually required.
He further noted that eco-sensitive zones are being rolled back in several areas and permissions for such changes are being granted with ease. “You feel sad that instead of progressing, we are regressing,” he remarked, adding that he remains hopeful that the situation wil change.