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Synopsis

Amid the worsening air quality in Delhi NCR, the Supreme Court of India today appointed 13 members of the Bar as court commissioners to visit the truck entry points and verify whether it is being enforced properly.

A bench of Justice Abhay S. Oka and Justice Augustine George Masih, while expressing dissatisfaction over the compliance, observed, "Out of 113, almost 100 entry points are unmanned in the sense that there is no one to check the entry of trucks, we asked members of the bar to go and check those points. We are happy to note that 13 young members of the bar have volunteered to act as commissioner of this court."

As the court specified the role attributed to the court commissioners, it said these members will ascertain whether clauses A and B of Stage IV (GRAP) are being implemented at those entry points. It also added that they take photographs and submit a detailed report by tomorrow.

Further, the court was told that there are CCTV cameras installed at 13 entry points. In light of this, it directed authorities to immediately hand over the CCTV footage of what is recorded, either on a CD or pen drive, to the amicus curiae Senior Advocate Aparajita Singh.

On Tuesday, the Supreme Court had issued a circular advising all to ensure the wearing of masks and taking health measures as the air quality is worsening in the Delhi NCR region.

Recently, the Supreme Court had directed all governments in the NCR region to strictly implement Stage 4 of the Graded Response Action Plan (GRAP).

While emphasising that the GRAP 4 will remain in force even if AQI drops below 400, the same bench had observed, "The learned amicus stated that AQI crossed 400 on 12 November. Instead of immediately invoking Stage 3, the Commission directed its implementation from 14 November. The same is the case with stage 4 which was implemented on November 17."

On 11 November, the court had expressed surprise over the delay in imposing the firecracker ban, noting that 'no religion promotes any activity that contributes to pollution or compromises the health of people."

The Supreme Court had while taking note of rampant stubble burning, upheld the right to a pollution-free environment while observing that 'stubble burning is not merely a violation of law but an infringement of the fundamental rights guaranteed under Article 21 of the Constitution.'

In November last year, the Supreme Court had pulled up the governments of Punjab, Rajasthan, Haryana, and UP, asking them to immediately stop stubble burning.

In reference to the worsening of the condition in Delhi NCR, the Supreme Court had remarked that a huge number of taxis were found on Delhi roads, with only one passenger onboard.

Supreme Court had also refused to interfere with the blanket ban imposed by it on the production and sale of firecrackers including green crackers in the Delhi NCR region. The court had further told the Delhi Police that filing cases against people who burn firecrackers may not help in curbing the sale of firecrackers.

Earlier, the apex Court had reiterated the directions issued by the Supreme Court, including banning the use of Barium Salts in the firecrackers and manufacturing and selling joined firecrackers and other directions issued by the Court.

In addition to this, the bench had said, "We are not against any community we want full implementation of orders. We are not against the festivals but we cannot play with the right to life of others."

Case Title: MC Mehta vs. Union of India