The Supreme Court once again heard the case of air pollution in Delhi-NCR today. During the hearing, the court clarified that restrictions under GRAP-4 (Graded Response Action Plan) would remain in effect for now. Regarding the reopening of schools, the Supreme Court delegated the responsibility to the Commission for Air Quality Management (CAQM). The court stated, “Whether schools should reopen or not will now be decided by CAQM.”
The bench of Justice Abhay S. Oka and Justice Augustine George Masih pointed out the lack of access to mid-day meals and other essential facilities for many students during online classes. They also noted that a large number of students do not have air purifiers at home, emphasizing that there is no significant difference between children staying at home and those attending school.
No Relaxation in GRAP-4 Restrictions
The Supreme Court refused to ease the restrictions under GRAP-4 in Delhi-NCR, stating that it could not direct the implementation of GRAP-3 or GRAP-2 unless convinced of a sustained improvement in the AQI (Air Quality Index) levels. While acknowledging the impact of GRAP-4 restrictions on various sections of society, particularly laborers and daily wage workers, the court instructed state governments to utilize funds collected as labor cess for the sustenance of workers in areas where construction activities are halted.
Violations of GRAP-4 Guidelines
The court also criticized the Delhi government for violating GRAP-4 guidelines between November 18 and November 23 by allowing the entry of certain trucks. It expressed displeasure at the negligence in implementing 23 key measures outlined by the CAQM and sought an explanation from the central government and CAQM regarding these lapses.
Entry Ban on Trucks in Delhi
In a previous hearing, the Supreme Court had directed Delhi Police to set up checkpoints at 113 entry points and install CCTV cameras at 13 major entry points for heavy vehicles. However, during today’s proceedings, the court commissioner revealed significant gaps in enforcement. Many checkpoints lacked barricades, and personnel were absent at several locations.
Senior Advocate Gopal Sankaranarayanan informed the court that Delhi’s AQI remains at a critical 600. In response, the court demanded reports on the implementation of the entry ban for heavy vehicles. The commissioner reported that while checking was conducted at 83 points, many checkpoints lacked proper barricades, endangering the lives of police officers attempting to stop trucks in the middle of the road.
Also Read- Delhi’s Air Quality Improves Slightly, Supreme Court to Review Anti-Pollution Measures
Supreme Court’s Further Instructions
The court questioned what steps the Delhi government had taken to inform the public about the ban on truck entry from 13 points. Additional Solicitor General (ASG) informed the court that written orders were issued by CAQM covering all 23 points. However, the court noted negligence in deploying police at all entry points and remarked, “Should we order proceedings against the Delhi Police Commissioner for this lapse?”
The Supreme Court directed CAQM to issue show-cause notices to the concerned agencies for non-compliance and take necessary action. It also suggested stricter monitoring of all entry points to curb unauthorized truck entries into Delhi under GRAP-4 guidelines.