Air quality panel chose to act as mute spectator, Supreme Court told – Delhi News
One of the court commissioners appointed by the Supreme Court in a case concerning air pollution levels in Delhi told the top court that the Commission for Air Quality Management (CAQM), a central body, failed to take action even after being notified of violations.
The court commissioner, Advocate Manan Verma, in his report exclusively accessed by India Today, also said that the CAQM chose to act as a mute spectator and asserted that the commission has no right to subject Delhi citizens to a “gas chamber”.
The court commissioner filed his report ahead of the Supreme Court’s hearing on the matter scheduled for Thursday. The court directed that the relaxation of stringent Graded Response Action Plan (GRAP)-4 curbs–meant to address severe air pollution levels–down to Stage 2 will continue until further orders.
The court commissioner also informed the top court that restrictions under Stages 1 and 2 of GRAP remain in effect across Delhi, Uttar Pradesh, and Haryana (NCR areas).
Advocate Verma, in his report, noted that CCTV footage clearly showed no police personnel were present at major entry points of Delhi on November 18, 19, and 20 to check polluting vehicles.
The report further alleged that the Commission, through its Enforcement Task Force, failed to implement its directions and orders and did not deploy flying squads on the ground for inspections.
“If they would have gone, they would have got the GRAP order implemented or mentioned before this Court on 19th November itself. The Commission chose to act as a mute spectator after issuing the GRAP Order’ the report states,” it mentioned.
The report stated that the Commission’s failure to prosecute defaulting officers, especially after the Supreme Court’s directive to take action against defaulters, has sent a clear message that implementing GRAP is optional.
The court commissioner noted that the CAQM’s stance before the Court–citing the seniority of defaulting officers as a reason for not prosecuting them–contradicts both the objectives of the Act and the Supreme Court’s orders.
The report further argued that the Commission’s inaction effectively compounds the violations committed by the defaulting officers.
“The Commission is exercising its discretion in invoking Section 14 in an arbitrary manner and according to the rank of the defaulting officer. It is humbly submitted that no citizen has asked for European air quality standards in Delhi, but the Commission does not have any right to give the citizens a gas chamber,” the court commissioner’s report reads.
The court commissioner also stated that the Commission lacks accountability in its failure to enforce the GRAP order. He further noted that the powers granted to the Commission under Section 14 of the Act are being misused due to the absence of checks, balances, or mechanisms for accountability.
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