In Delhi Pollution Case, Court Commissioners Claim Threat, Bench Responds

Coming down heavily on Delhi and other National Capital Region states for not paying an allowance to labourers after construction activities were halted due to air pollution, the Supreme Court today said it has seen that the ball starts rolling only when it summons top officers.

"We find that none of the NCR States have complied with our direction to pay compensation to construction workers. Not even proof of a penny being paid has been shown. We order the Chief Secretaries to be present on VC (video conference). Let them come, then they will be serious. We want proof," the bench of Justice AS Oka and Justice AG Masih said. "It is our experience that the ball starts rolling only when we summon."

The court said it had expected at least one of the states to show that they had paid the allowance to a sizeable number of workers. The Chief Secretaries of Delhi, Haryana, Uttar Pradesh and Rajasthan have been asked to appear on Thursday.

The court refused to relax the curbs imposed under Stage 4 of the Graded Response Action Plan to tackle the worsening Air Quality Index, which had entered the 'severe +' band but has now dropped to the 'very poor' category for the past few days. The bench said it would allow further relaxations only in case of a downward trend in AQI.

The court also noted that "very shocking things" are revealed in the reports of court commissions -- members of the Bar asked by the court to monitor the implementation of curbs in NCR. "There is a complete lack of coordination between the Delhi government, MCD (Municipal Corporation of Delhi, DPCC (Delhi Pollution Control Committee), CAQM (Commission for Air Quality Management) and other authorities," it said.

Earlier, a lawyer said that the court commissioners are being intimidated. "We are feeling very unsafe. Local toll persons and SHO told me this area is of big shooters, criminals and all, and gang and muscle people are very active here and not paying toll. This is ground reality and live stubble burning is also there," said a court commissioner advocate.

The court said in its order that it commends the work of court commissioners. "They have stated that they have risked their lives in their duty. We direct Delhi Police to file a report in this court setting out action taken."

The court said the commissioners can also seek armed protection from Delhi Police. "We make it clear that it is the responsibility of Delhi Police to ensure that members of the Bar who are court commissioners are adequately protected," it said.

The Centre's counsel, Additional Solicitor General Aishwarya Bhati told the court that GRAP curbs are "extremely disruptive", but the court asked, "Without a clear downward trend how can we relax?"

At one point, the bench also blasted a lawyer who pointed out that no masks were being distributed. "You want us to run the government. There has to be some limit. If you want us to turn tell the CJI to make us hear only this and leave other matters," the bench said.

The court allowed Delhi government to repair sewage lines and roads that are in dire condition. "However, we make it clear that not a single vehicle shall be used for this purpose which is not permissible in accordance with law," it said.