The Supreme Court on Monday said it wanted to ensure there is a “consistent downward trend” in the pollution in the national capital before easing Graded Response Action Plan four stage (GRAP-IV) restrictions.

Appearing before a Bench headed by Justice AS Oka, the Commission for Air Quality Management (CAQM) said GRAP was an emergency measure and not a policy decision. It had termed GRAP-IV disruptive, especially for the marginalised communities.

Presently, the court has only loosened the restriction to allow schools to function.

“We know that ultimately some day we have to leave all this to you… We will hear on this issue on Thursday (December 5) after checking the Air Quality Index to find out whether there is any downward trend,” Justice Oka said.

When senior advocate Gopal Sankaranaraynan, appearing for a petitioners, urged the court to take on record more data on the pollution levels and its impact on public health, Justice Oka highlighted the affect of GRAP IV on the livelihoods of the poor. “Please remember the plight of the workers. These people are unable to earn,” Justice Oka reacted.

“National Capital Region States”

The court further directed the Chief Secretaries of Delhi, Punjab, Rajasthan, Haryana and Uttar Pradesh, who collectively are called the “National Capital Region States” to be present online on December 5.

None of the States have “paid a penny” towards subsistence allowance for construction workers during GRAP IV, the Bench noted. The court had repeatedly ordered these States to pay from their labour cess funds.

“We know from experience that the ball will roll only after calling the Chief Secretaries. There is nothing to show that actual payments have been made so far,” Justice Oka observed orally. 

Meanwhile, the Bench registered shock at how its Court Commissioners, who are young advocates, tasked with monitoring the compliance of GRAP IV measures at the border entry points to the capital were threatened in the course of their court-appointed duties.

The Commissioners’ report showed that employees of the toll contractors at the borders were hand-in-glove with the truckers, and would pass on information on WhatsApp about the movements of the Commissioners.

“They (Court Commissioners) have risked their lives and faced threats only with a view to discharge their duties,” the Bench recorded in its order.

The court gave the Commissioners a choice to bow out, and those who still wanted to continue with their task were given liberty to call the nodal officer in the Delhi Police, who would arrange armed police officers to accompany the Commissioners while they tour the border points.

Besides, the Commissioners’ report revealed to the court that there was a “complete lack of coordination” among stakeholders like Municipal Corporation of Delhi, Delhi Police, Delhi government, Pollution Control Board, etc.

The court made it clear that it would endeavour to find permanent solutions against the annual pollution that plagued the capital between October and January.

The court directed the Delhi government to consider suspending the ‘golden pass’ issued by the MCD on a monthly basis to vehicles.

Further, the court allowed Delhi government’s plea to allow GRAP IV permissible vehicles in order to attend to urgent sewage and road repairs in the capital.

“We cannot find a solution to every problem of the administration. We are looking at the very crucial things now,” Justice Oka said.

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