The Supreme Court, on Monday, directed the Commission for Air Quality Management (CAQM) to consider relaxing the restrictions on physical classes of schools, colleges and educational institutions in Delhi-National Capital Region, noting students were being deprived of mid-day meals and lacked wherewithal to attend virtual classes. The restrictions on physical classes of schools and colleges were imposed recently due to severe air pollution.

The SC, meanwhile, ordered the CAQM to initiate action against the officials of Delhi government and Delhi Police under Section 14 of Commission for Air Quality Management (CAQM) Act for deploying police personnel admittedly only in 23 checkpoints, instead of all, on November 18 when GRAP IV kicked in. The SC also observed that a large number of students did not have air purifiers, suggesting that there may be little difference in conditions for children studying at home versus those attending school.

A Bench of Justices Abhay S Oka and Augustine George Masih, however, refused to relax the anti-pollution GRAP-IV restrictions in Delhi-NCR and said unless it was satisfied that there was consistent decrease in AQI levels, it cannot order curbs below GRAP-III or GRAP-II.

Meanwhile, residents in the National Capital woke up to a sunny morning on Monday. Still, a thin layer of smog covered major areas in the city and the air quality in the national capital witnessed a slight improvement in comparison to last week, as the AQI dipped to 289 in the morning from hazardous to an unhealthy level. The Central Pollution Control Board (CPCB) recorded an average AQI at 349 while IQ Air also recorded air pollution 374 at 4.30 pm which showed 706 in the afternoon. PM2.5 concentration is 52.4 times the World Health Organization (WHO) annual PM2.5 guideline value.

“It is apparent that the authorities mentioned in GRAP-IV clauses 1, 2 and 3 have made no earnest effort to implement action under clauses 1 to 3. Some police teams were deputed at few entry points that also without any specific instructions. (Court) commissioners have noted that police were only deployed as on November 23 and thus a serious lapse on part of authorities. We, therefore, direct commission to immediately initiate action under Section 14 of CAQM Act 2021,” the Bench underscored.

A large number of students, it noted, did not have air purifiers at home therefore there being no difference between children at home and those attending schools. “The CAQM is expected to take a decision during the course of the day or latest by tomorrow morning so that it can be implemented from Wednesday,” the Bench said. The Bench said it was not reducing GRAP-4 measures till it is satisfied there is a consistent downward trend of AQI and has sought updated AQI figures of Delhi till Wednesday.

Noting several sections of society, especially labourers and daily wagers, were adversely affected due to GRAP-4, the Bench directed the state governments, where construction has been banned, to use funds collected as labour cess to provide subsistence to them. “The commission has all the powers under Section 12(1) of the CAQM Act 2021 to issue directions to various authorities to take several measures to ensure that persons in the category of labour, daily workers, etc., do not suffer,” the Bench said.

In its order, the Bench said the 13 apex court lawyers, appointed as court commissioners to conduct inspection at entry points, would continue to visit areas and submit reports to the court.The order was passed after senior advocate Menaka Guruswamy, appearing for a group of parents, submitted lakhs of students depended on mid-day meals but had been deprived of food owing to closure of schools.

The SC also censured the Aam Aadmi Party (AAP) government and the Delhi police for a “serious lapse” on their part in the strict implementation of GRAP-IV measures and directed the CAQM to take action against the erring officials. The Bench said the authorities made no efforts to implement GRAP-IV measures. “It is apparent that the authorities mentioned in GRAP-IV clauses 1, 2 and 3 have made no earnest efforts to implement action under clauses 1 to 3.

Police teams were deputed at a few entry points that also without any specific instructions,” it said. Calling for action against the erring officials, the Bench said, “(Court) commissioners have noted that police were only deployed as on November 23 and thus a serious lapse on part of authorities. We, therefore, direct the commission to immediately initiate action under Section 14 of CAQM Act 2021.” Section 14 of the CAQM in National Capital Region and Adjoining Areas Act, 2021 deals with the punishment for non-compliance of its provisions.

A counsel appearing for the 13 court-appointed commissioners who monitored implementation of the curbs told the Bench that while checking happened, it is not clear how effective it was. The counsel said cops were “jumping in the middle of the road” to stop trucks and that there was no barricading at several checkpoints. The Delhi government’s counsel said employees of various levels were deployed at the checkpoints. When the court asked if the Delhi government issued specific instructions to Delhi Police, the former said Delhi Police does not come under its authority.