Supreme Court Slams Delhi Authorities for Failing to Enforce Grap IV Restrictions

The Supreme Court expressed sharp disapproval on Friday of the Delhi government and police for their failure to enforce Stage 4 restrictions under the Graded Response Action Plan (Grap) aimed at curbing air pollution. The bench, led by Justices Abhay S Oka and Augustine George Masih, criticized the absence of effective mechanisms at major checkpoints to restrict the entry of non-essential commercial vehicles into Delhi, despite repeated court directives and orders from the Commission for Air Quality Management (CAQM).

Gaps in Enforcement at Entry Points

The court highlighted serious lapses in implementing Stage 4 restrictions, particularly at the 13 major entry points into Delhi. It noted that no clear system was in place to identify and stop trucks carrying non-essential goods. Justice Oka observed, “People manning checkposts are not aware of which vehicles to stop. All this is being done in a manner of arbitrary exercise that makes the restrictions meaningless.”

The bench directed authorities to set up proper checkpoints to monitor incoming vehicles and ensure compliance with Stage 4 restrictions. It also sought CCTV footage from the 13 checkpoints starting November 18, when Grap Stage 4 restrictions were initiated, to assess enforcement.

Court-Appointed Commissioners for Evidence Collection og GRAP

To bolster monitoring efforts, the court ordered the deployment of 13 young lawyers as court commissioners at the entry points. Their role includes gathering video evidence to verify whether prohibited vehicles were being allowed into the city in violation of Grap Stage 4 rules.

Additional Solicitor General Aishwarya Bhati was tasked with providing the names of these commissioners to Delhi’s police chief to facilitate their work. The commissioners, led by advocate Aditya N Prasad, were instructed to take photos and videos during their visits and submit a comprehensive report.

The bench emphasized that this evidence would guide its decision on whether to extend the Grap Stage 4 restrictions, with a review scheduled for Monday.

Concerns Over Communication and Vigilance

The Supreme Court highlighted the lack of a system to inform checkpoint personnel about the list of essential goods and services exempt from the restrictions. Additionally, it noted that approximately 100 other entry points into Delhi had no monitoring mechanisms in place, making enforcement inconsistent and ineffective.

The court criticized this oversight, stating, “It is difficult for us to assume that entry of trucks is being stopped.”

Impact of Restrictions and CAQM’s Stance On Grap

Additional Solicitor General Bhati informed the court that air quality had improved from the “severe” category to “very poor”, prompting the CAQM to propose scaling back to Grap Stage 3 restrictions. “The consequences of Stage 4 can be very disruptive,” Bhati argued.

The bench agreed to consider this request but deferred its decision until it receives reports from the court-appointed commissioners. Grap Stage 4, which is triggered when the Air Quality Index (AQI) exceeds 450, includes a ban on the entry of trucks registered outside Delhi except for those running on CNG, electric, or BS-VI fuel or carrying essential goods and services.

Concerns Over School Closures

Senior advocate Menaka Guruswamy, representing a group of parents, raised concerns about the impact of pollution-related school closures on children, especially those from lower-income families who lack access to digital infrastructure. Guruswamy also highlighted the plight of children with special needs who were being deprived of essential classes.

The court acknowledged these concerns and assured that they would be taken into account when deciding the future of Grap Stage 4 restrictions.

Focus on Broader Pollution Issues

The bench indicated its intention to address broader pollution concerns, including stubble burning, vehicular pollution, dust management, and open burning of waste, in separate hearings in the coming weeks.

The Grap Stage 4 restrictions, implemented to combat the severe pollution levels that have plagued Delhi since November 18, remain a critical focus of the Supreme Court’s ongoing efforts to address air quality issues in the national capital.