New Delhi: The Supreme Court on Monday asked the Commission for Air Quality Management (CAQM) in the national capital region and adjoining areas to examine beginning physical classes in schools and colleges. However, the apex court declined to relax the anti-pollution GRAP-4 restrictions in Delhi-NCR.
The matter of air pollution came up before a bench comprising Justices Abhay S Oka and Augustine George Masih. The bench said that a large number of students did not have air purifiers at home and there would not be a difference between children at home and those attending schools. The apex court observed that many students were deprived of mid-day meals and infrastructure to attend online classes.
Refusing to relax anti-pollution measures, the bench said unless the court was satisfied that there was a consistent decrease in air quality index (AQI) levels, it could not order curbs below GRAP-3 or GRAP-2. “Now the question is whether stage 4 norms need relaxation. Unless the court is satisfied that there is a consistent downward trend of AQI, we cannot permit the commission to go down to stage 3 or stage 2 pending further orders”, said the bench.
The bench acknowledged that anti-pollution GRAP-4 restrictions affect several sections of society, particularly the labourers and daily wagers. The apex court directed the state governments, where construction has been banned, to use funds collected as labour cess for subsistence to them.
Stage 4 of the GRAP is implemented when the AQI in Delhi reaches the severe-plus category, which is when it crosses 450. The measures undertaken under GRAP-4 are: entry of trucks into Delhi is stopped, the ban on construction and demolition activities for linear public projects such as highways, roads, flyovers, overbridges, power transmission, pipelines and telecommunication, the government can discontinue physical classes, including for Classes Vl - lX and Class Xl.
The apex court also criticised the authorities for not enforcing the ban on entry of trucks in Delhi, a measure, which was imposed by the CAQM as part of its GRAP-IV measures to address severe air pollution.
Justice Oka said the commission should initiate prosecution in terms of Section 14 of the CAQM Act against the officials, who failed to enforce the directives. The apex court also expressed its discontent with the deployment of a few police teams at a few entry points to stop the entry of trucks into the capital without any specific instruction.
The bench orally remarked that it would direct the air quality commission to take action against the Delhi police commissioner under section 14 CAQM Act. At the beginning of the hearing, the bench said without even seeing any report, it can be said that no checkpoints to regulate vehicles are in action. Last week, the bench appointed 13 Supreme Court lawyers as court commissioners to visit the various entry points in Delhi to ascertain whether restrictions on the entry of trucks were implemented or not.
Today, a counsel, representing 13 court-appointed commissioners, contended that though checking happened, it is not clear how effective it was, and stressed that there was no barricading at several checkpoints. A counsel, representing the Delhi government, said employees of various levels were deployed at the checkpoints. The bench queried whether the Delhi government issued specific instructions to Delhi police. The counsel said the police do not come under its authority.
The bench further queried whether the commission or the Central government had issued specific instructions to the police. The bench was informed that orders were issued for 23 check posts. The bench shot back, “We are going to ask the Delhi police commissioner to be penalised under the CAQM Act”.
The apex court said it is apparent that the authorities, which are mentioned against item numbers 1, 2 and 3 of stage 4 of GRAP have made no earnest effort to implement the action in terms of clauses 1 - 3.
The bench said that the report of the court commissioner indicates that at most of the entry points the police were posted pursuant to the order passed last week. "There has been a serious lapse by the authorities concerning clauses 1 to 3. Therefore, we direct the commission to immediately initiate action under Section 14 of the CAQM Act," stated the bench.
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