Supreme Court Orders Armed Guards for Court Commissioners to Protect Bar Members from Risks and Ensure Pollution Control in Delhi.
The Supreme Court raised concerns today about reports from Court Commissioners assigned to cases on pollution control in the National Capital Region. They expressed fears for their safety while inspecting compliance with the Court’s Orders. The Commissioners reported feeling unsafe while checking the Graded Response Action Plan, especially in areas on the outskirts of Delhi. One Commissioner mentioned that a police officer warned them that the area was controlled by “big shooters and big gangs, who are very active right now.” A two-Judge Bench, including Justice Abhay S. Oka and Justice Augustine George Masih, stated, “We cannot allow members of the Bar to face risks, as some have reported receiving threats.” The Court allowed the Commissioners to step down from their roles if they wished. For those who want to continue, the Court ordered that they be provided with armed police protection.
The Court stated that police assigned to protect Court Commissioners must receive clear orders not to share their movements. This decision came after it was reported that toll plaza workers were using instant messaging to track the Commissioners’ movements to avoid scrutiny of the GRAP-IV measures. The Court has extended these measures until Thursday, despite the Commission for Air Quality Management requesting a relaxation, arguing that weather conditions significantly affect air quality in the National Capital Region. While reviewing the Air Quality Index (AQI) data from November, Additional Solicitor General Aishwarya Bhati noted that the current situation is likely to persist until January, as seen in previous years. Bhati urged the Court to ease the GRAP-IV measures, which include a complete stop on construction and strict vehicle limits, describing them as “extremely disruptive.” The Court acknowledged the lack of a “clear downward trend” in AQI levels, which remain around 300, and decided to maintain the GRAP-IV measures.
The Court also expressed concern over reports from Court Commissioners indicating “a complete lack of coordination” among the Delhi government, the Municipal Corporation of Delhi, the Delhi Pollution Control Committee, the Commission for Air Quality Management, and other authorities. The Court urged the CAQM to improve coordination among these groups. Additionally, the Court took a serious stance on the failure to compensate construction workers affected by the GRAP-IV measures and ordered the Chief Secretaries of the NCR states to attend the next hearing via video conference. Justice Oka commented that action tends to begin only when top officials are summoned.
The Court stated that it would examine all factors related to pollution in the NCR to find lasting solutions. It requested Amicus Curiae Advocate Aparajita Singh to provide a list of issues within two weeks. During the last hearing on November 28, the Court noted that the evidence presented showed a “complete failure” by various authorities to enforce pollution control in the NCR. Lawyers shared examples of violations of GRAP measures, including construction in upscale areas of Delhi, burning dried leaves, truckers avoiding highways, insufficient monitoring at the city’s borders, and cement being transported alongside food grains as a cover. The Court expects states to clarify the actions they will take regarding the violations highlighted and urged the CAQM to quickly address the lack of effective pollution control by officials.
Cause Title: M.C. Mehta v. Union of India [W.P.(C) 13029 of 1985 PIL-W]
