A bench headed by Justice AS Oka indicated that it might consider prosecuting the Delhi Police Commissioner under the Commission for Air Quality Management (CAQM) Act. This follows the deployment of police at only 23 checkpoints on November 18, despite Stage 4 of the Graded Response Action Plan (GRAP) being in effect.
NEW DELHI: The Supreme Court on Monday (25th Nov) criticized the Delhi Police for the absence of checkpoints at city borders to monitor compliance with pollution control measures.
The Supreme Court ruled today that stringent restrictions on vehicle movement and construction in Delhi will continue under the Graded Response Action Plan (GRAP) Stage 4. These measures were implemented after Delhi’s Air Quality Index (AQI) crossed 450 last week, reaching the ‘severe +’ category.
While AQI has since improved to the ‘very poor’ range, the court emphasized that easing restrictions requires its prior approval, with a decision expected at the next hearing on Thursday.
The bench, led by Justices AS Oka and AG Masih, criticized Delhi Police for inadequate enforcement of pollution curbs. They warned the city police commissioner of potential prosecution for failing to implement measures effectively, noting a lack of operational checkpoints to control vehicular entry.
A report from court-appointed commissioners indicated sporadic enforcement, with some police officers stopping trucks without proper barricades or instructions.
The Delhi government argued that it deployed personnel at checkpoints but clarified it has no authority over Delhi Police. The court questioned both the Commission for Air Quality Management (CAQM) and the central government about specific orders to the police, highlighting gaps in enforcement.
The CAQM was tasked with deciding whether to resume physical classes in Delhi schools, considering many children lack internet access for online learning. The bench also mandated immediate action against officials who failed to enforce GRAP 4 and stressed that restrictions won’t be relaxed until a consistent downward trend in AQI is observed.
Additionally, the court directed states to use labor cess funds to support construction workers affected by activity bans, ensuring compliance with CAQM guidelines.
The court appointed 13 bar members as commissioners to verify the implementation of GRAP Stage IV measures. On Monday, the commissioners submitted their report.
The court criticized the Delhi government, noting the absence of checkposts at city borders and inadequate enforcement of the truck entry ban.
The bench observed that border checkpoints lacked police or government personnel, being staffed solely by Municipal Corporation of Delhi toll collectors.
“Why wasn’t the police instructed to enforce Stage IV of GRAP? We will order prosecution against all responsible officials,” the court warned.
Advocate Shadan Farasat, representing the Delhi government, mentioned that the CAQM had issued directives. The court demanded to see written instructions given to the police by state and central authorities on November 18.
Farasat stated that orders were issued to deploy police at 23 checkpoints for monitoring truck entry.
“This is negligence. How could you decide to man only 23 points from your office?” the court responded. “We will direct CAQM to prosecute the Delhi Police Commissioner.”
“You could only conclude trucks don’t enter other points if someone monitors those areas,” the court added.
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