The Supreme Court on Thursday allowed the Commission for Air Quality Management (CAQM) to ease the Graded Response Action Plan (Grap) restrictions in Delhi, moving from Stage-IV to Stage-II due to improvements in the Air Quality Index (AQI).

The court also recommended that the CAQM consider introducing additional measures under Grap- III. It further said that if the AQI surpasses 350, Grap-III should be enforced, and if it exceeds 400, Grap-IV should be triggered, according to a report by LiveLaw.

The SC bench, consisting of Justice Abhay S Oka and Justice Augustine George Masih, acknowledged the statement from Additional Solicitor General Aishwarya Bhati, noting that the average AQI has remained below the 300 mark since November 30.

The bench, in its order, mentioned, “Up to November 30, the AQI levels were consistently above 300 and it is only during the last four days that the levels have come down below 300. It is true that at some stage, the court will have to leave it to the Commission to decide the applicability of stages under Grap.”

The apex court further said, “Considering the data before us, we do not think it will be appropriate at this stage to allow the Commission to go below Stage 2. So we permit the Commission to go to stage 2 for the present. It will be appropriate if the Commission may consider incorporating certain additional measures which are part of Stage 3. While we permit the Commission to do so, we must record here that if the Commission finds that the AQI goes above 350. as a precautionary measure, Stage 3 measures will have to be immediately implemented. If AQI crosses 400 on a given day, Stage IV measures will have to be re-introduced.”

The court will review the issue on December 12 for further monitoring. Aishwarya Bhati, the Additional Solicitor General of India, said that the latest AQI figures suggest that Grap measures can be eased.

“There is a clear downward trend (in the AQI) but it is thanks to the meteorological conditions. As of yesterday’s reading, we are out of the Grap,” Bhati said.

She also mentioned that Grap-IV measures are ‘very disruptive’ to daily life and argued that even Grap-I restrictions are unnecessary in the current scenario. 

Earlier on Monday, the top court had remarked that it would permit the easing of Grap-IV restrictions only if the AQI shows a consistent downward trend. Additionally, the apex court expressed strong disapproval of the Delhi Police's failure to ensure the safety of advocates acting as Court Commissioners to enforce the ban on truck entry into Delhi.