SC slams Delhi govt, police on Grap execution

The Supreme Court on Friday directed stricter implementation of anti-pollution measures while questioning various authorities about gaps in enforcement and data discrepancies regarding stubble burning.
With Delhi’s air quality index (AQI) briefly improved to below 400 this week — it was back to 401 at 6pm on Friday — the court will consider on Monday whether to scale down restrictions under the Graded Response Action Plan (Grap). Until then, it ordered intensified monitoring of vehicles entering Delhi.
A bench of justices Abhay S Oka and Augustine George Masih noted “apparent failure” by Delhi Police and the state government to enforce key provisions of GRAP stage 4 restrictions, which came into effect on November 18.
Under stage 4, which represents the highest level of pollution control measures, all trucks except those carrying essential items are banned from entering Delhi. Exceptions are made for trucks bringing essential perishables, petroleum products and other critical items and those that are electric or conform to the latest BS-VI tailpipe emission standards.
The court devised a novel oversight mechanism by appointing 13 young lawyers as court commissioners – one for each major entry point into Delhi – to gather photo and video evidence of compliance regarding the ban on entry of heavy trucks and light commercial vehicles (LCVs). They will submit reports on November 25.
“On Monday we will consider the question of considering continuation of GRAP 4 and the report of the commissioners and other issues concerning continuation of GRAP 4,” the bench said.
The court expressed concern over inadequate monitoring at Delhi’s entry points. While senior advocate Shadan Farasat, representing Delhi government, said trucks were being monitored and challaned at borders, he admitted CCTV coverage existed at only 13 major entry points, with little oversight at the remaining 100 points.
“It is difficult for us to assume that entry of trucks is being stopped. People who are manning check posts 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 observed.
The court ordered immediate establishment of check posts at all 113 entry points, with clear guidelines for personnel about exempted categories like essential goods and services. It also sought CCTV footage from the 13 monitored points before Monday’s hearing.
The court raised serious concerns about discrepancies in stubble burning data after amicus curiae Aparajita Singh highlighted government figures showing significantly larger “total burnt areas” than reported fire incidents would suggest.
Singh cited a report showing Punjab’s burnt area increased from 15.1 lakh hectares to 19.1 lakh hectares, while Haryana’s rose from 21 lakh hectares to 24 lakh hectares. This contrasted sharply with official data showing only 1,084 fires in Punjab and 419 in Haryana from September to October 21.
“We need an explanation on this as these are government figures. There is something more to it as the total burnt area is totally different from the number of fires,” the bench noted.
The discrepancy discussion followed earlier concerns about farmers potentially timing stubble burning to avoid detection by NASA satellites that pass over between 10 AM and 1:30 PM.
Additional Solicitor General Aishwarya Bhati, representing the Centre, defended the monitoring system, stating geostationary satellites were less reliable due to lower resolution. She informed that the Commission for Air Quality Management (CAQM) had asked ISRO to develop new protocols for studying burnt areas.
Senior advocates Gopal Sankaranarayanan and Singh suggested establishing oversight over CAQM through a committee of former Supreme Court judges experienced in pollution cases. While the court didn’t favour creating another expert commission, it indicated openness to including such persons in CAQM.
The bench will consider scaling back GRAP 4 restrictions on Monday, after reviewing the court commissioners’ reports. It also agreed to examine concerns raised by parents, through senior advocate Menaka Guruswamy, about the impact of school closures on underprivileged students and children with special needs.
The matter stems from a public interest litigation filed by environmental activist MC Mehta. The court plans to address various pollution factors separately in coming weeks, with extensive hearings likely in January, subject to the Chief Justice’s approval.