SC pulls up Delhi govt, police for failing to implement GRAP Stage 4 curbs
A bench of justices Abhay S Oka and Augustine George Masih said a failure of police and government to enforce the restrictions was apparent notwithstanding the court’s orders
The Supreme Court on Friday pulled up the Delhi government and police for failing to implement the Graded Response Action Plan (Grap) Stage 4 restrictions to check air pollution, citing no mechanism at the 13 checkpoints to stop the entry of commercial vehicles carrying non-essential goods.

A bench of justices Abhay S Oka and Augustine George Masih sought CCTV footage of the 13 entry points. It said a failure of police and government to enforce the restrictions was apparent notwithstanding the court’s orders and the Commission for Air Quality Management (CAQM).
The court directed the Delhi government and police to set up checkposts at the entry points into Delhi to stop further entry of the prohibited vehicles. It asked the Delhi government about the steps taken to constitute monitoring teams to enforce strict compliance with all Grap Stage 4 restrictions. It noted no teams were formed to monitor the entry of trucks.
The court said no mechanism was provided to communicate the list of essential commodities and services on the 13 major check posts. It was told about 100 other entry points to Delhi with no vigil to enforce the restrictions.
“It is difficult for us to assume that entry of trucks is being stopped. People 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 court said.
The court directed the concerned municipal or police authorities to provide CCTV footage at the 13 points since November 18 when Grap Stage 4 was put in place. It directed the Delhi government to ensure those manning the checkposts are informed about the essential goods and services exempted under the curbs.
The court directed deputing one young lawyer each to the 13 entry points as court commissioners to gather video evidence. The report of the lawyers will be heard on Monday when the court would take a call on extending Grap Stage 4 restrictions.
The court asked additional solicitor general Aishwarya Bhati to communicate the names of court commissioners to the police chief to facilitate their access to gather video evidence. It said the commissioners would ascertain if clauses of Grap Stage 4 related to the entry of vehicles were being implemented. “They are permitted to take photos and videos.”
One of the 13 commissioners – advocate Aditya N Prasad – was directed to coordinate the visit and file the report.
Bhati informed the court that the air quality index (AQI) has improved from severe to “very poor” and the CAQM should be allowed to lower the restrictions to Stage 3. “The consequences of Stage 4 can be very disruptive.”
Senior advocate Menaka Guruswamy, representing a group of parents, argued suspension of physical classes was adversely impacting children of lower income groups without the requisite infrastructure. She argued that children with special needs were also deprived of classes.
The bench agreed to consider continuing Grap Stage 4 on Monday after going through the report of the court commissioners. Grap 3 restrictions are imposed when air pollution in Delhi is in the “severe” category (AQI 401-450) and Grap 4 when AQI crosses 450.
The court, which has been hearing lawyer MC Mehta’s public interest litigation on pollution, agreed to take up issues such as stubble burning, vehicular pollution, dust, and open burning of waste that contribute to pollution separately in the coming weeks.
Grap Stage 4 came into force on November 18 and included a ban on the entry of trucks registered outside Delhi. Vehicles running on CNG, electric, or BS-VI fuel and those carrying essential commodities and providing essential services are permitted under the CAQM guidelines.
