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Informist, Friday, Nov. 22, 2024

 

NEW DELHI – The Supreme Court Friday said that in spite of orders issued by it and by the Commission for Air Quality Management in Delhi-National Capital Region and adjoining areas, the capital's police force had failed to enforce the rules under stage IV of the Graded Response Action Plan relating to the entry of different types of vehicles.

 

Expressing dissatisfaction with the Delhi government's affidavit, the court said it did not state "clearly" at how many entry points officers were present to enforce the measures. It noted that while there are 113 entry points in Delhi, vigil was being maintained primarily at 13 major entry points. "This means that for the other 100 points, there is no restriction on vehicles which are banned under stage IV," remarked the bench of Justice Abhay S. Oka and Justice Augustine George Masih.

 

The court directed the Delhi government and the police to ensure that check posts are set up "immediately" at all 113 entry points. The personnel manning the posts must be informed clearly about the commodities that the Delhi government has marked as essential, it said. The court further directed that closed-circuit television footage from the 13 entry points currently regulated be handed over to the amicus curiae "at the earliest". Amicus curiae, or friend of the court, is the term used to describe a senior lawyer who is appointed to assist the court in a case of public interest.

 

The court also appointed 13 lawyers to go and check 13 entry points and ascertain if clauses pertaining to the entry of vehicles and goods vehicles were being implemented. It said the lawyers would be allowed to take photographs. They have to submit a detailed report by Saturday. The bench left it to the lawyers to decide who would visit which entry point.

 

The Graded Response Action Plan is a set of guidelines to combat air pollution in Delhi-NCR based on the Air Quality Index. Restrictions under Stage I are activated when the Air Quality Index is between 201 and 300. Those under Stage II kick in when the index is between 301 and 400. Stage III is invoked when the index lies between 401 and 450. Stage IV is implemented when the index crosses 450.

 

The first two stages relate to stopping the entry of goods vehicles into Delhi, except for those carrying essential commodities, providing essential services, running on electricity, liquefied natural gas, or compressed natural gas, or having Bharat Stage 6 engines. The rules also bar light commercial vehicles registered outside Delhi, with similar exceptions.

 

Advocate Menaka Guruswamy, appearing for working-class parents and parents of children with special needs, said the air in their homes is not any cleaner. Neither do they have air purifiers nor do they have devices such as laptops to join online classes, she said, and suggested that parents who want to send their students to school be allowed to do so. School allows working-class mothers and fathers to go to work because it secures the child, she said. Now, at least one parent is forced to stay at home, she said. The court agreed to examine Monday the issue of whether to continue with Stage 4 of the Graded Response Action Plan.

 

As of 1600 IST, the 24-hour average Air Quality Index for Delhi was at 394, in the "very poor" category.

 

The court is hearing a case relating to rising air pollution in Delhi-NCR and to agricultural stubble burning in neighbouring states.

 

The court said it has to create a mechanism for succeeding years to resolve the issue of stubble burning. "We cannot wait for next year," the judges said. "We have to do things right now to ensure that a perfect machinery is developed to detect this burning." The court said that subject to approval from Chief Justice of India Sanjiv Khanna, it would post the matter regarding stubble burning, linked issues such as collection of data, and measures to be taken for January.  End

 

Reported by Surya Tripathi

Edited by Rajeev Pai

 

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