Justice Amit Mahajan of the Delhi High Court has held that assisting courts in the discharge of judicial work constitutes an essential duty, often emergent in nature, warranting an exemption from winter vehicle-entry restrictions imposed on non-Delhi registered vehicles below BS-VI emission standards. The order was passed on a petition filed by the Delhi High Court Bar Association (DHCBA) challenging a notification dated June 23, which restricted the entry of such vehicles into the national capital.
What exemption did the Delhi High Court grant to advocates and court staff during pollution curbs?
The Delhi High Court permitted advocates and court staff residing in the National Capital Region (NCR) to use their vehicles to commute to courts in Delhi on working days from November 1, 2026, to January 31, 2027. The exemption applies to vehicles bearing valid parking stickers issued by any Bar Association in Delhi, subject to the production of a valid identity card.
The DHCBA submitted that advocates and court staff residing in NCR, whose vehicles are registered outside Delhi, were being prevented from commuting to courts during the restriction period. Senior Advocate N Hariharan, representing the Bar Association, argued that advocates perform duties essential to the functioning of courts and cannot be barred from using their vehicles when courts remain operational. He further informed the Court that multiple representations seeking an exemption had been made to the Delhi Government without any action.
Taking note of the submissions, the Court observed that the notification itself provided exemptions to certain categories of persons performing sovereign and essential duties. The Bench held, prima facie, that the function of assisting the Court for the discharge of judicial work is also an essential duty and at times can be emergent in nature. The Court emphasised that the attendance of advocates and court staff is of utmost importance for the smooth functioning of courts and they cannot be directed to refrain from plying their vehicles once the courts are functional.
The Court also noted that the authority had not demonstrated that adequate transportation facilities were being provided to advocates and court staff for commuting to courts. It further questioned how the same vehicles, which were not considered major contributors to pollution until October, could suddenly be regarded as significant contributors thereafter.
Category | Details |
|---|---|
Petitioner | Delhi High Court Bar Association (DHCBA) |
Counsel for Petitioner | Senior Advocate N Hariharan |
Impugned Notification | Dated June 23 (Winter Vehicle-Entry Restrictions) |
Restriction Period | November 1, 2026 – January 31, 2027 |
Exemption Granted | Advocates & Court Staff with valid Bar Association parking stickers and ID cards |
Condition | Applicable on court working days only |
Next Date of Hearing | January 29, 2027 |
The Court issued notice in the matter and directed the authorities to file their replies, if any, before the next date of hearing. The matter is listed for further consideration on January 29, 2027.