The Delhi High Court on Friday said that advocates and judicial staff residing in the National Capital Region (NCR) will be exempt from the ban on plying vehicles registered outside Delhi that do not meet BS-VI emission standards.
The exemption will operate only on court working days.
Justice Amit Mahajan passed the order on a plea filed by the Delhi High Court Bar Association (DHCBA).
A detailed order is awaited.
Senior Advocate N Hariharan appeared for the DHCBA and argued that lawyers and judicial staff perform essential functions.
He said that the government’s notification already has provisions to exempt certain categories of vehicles. He added that such exemptions were granted to lawyers even during the Covid-19 pandemic.
“They [the government] have the power to exempt. As far as lawyers and court staff are concerned, we are performing judicial function and assisting My Lords. If we can’t come here, it will affect the entire justice delivery function,” Hariharan stated.
Hariharan is also the president of DHCBA.
The DHCBA moved the Court seeking an exemption for advocates travelling to Delhi for professional work between November 1, 2026 and January 31, 2027.
The Association also sought directions to the Delhi government to consider and decide its representation seeking the exemption within a time frame fixed by the Court.
The petition said that a substantial number of lawyers practising in Delhi reside in Gurugram, Faridabad, Noida and Ghaziabad and regularly commute to the capital to attend court proceedings, meet clients and senior counsel and access their chambers.
It was contended that the restriction could affect advocates' ability to attend court hearings at fixed times, potentially prejudicing litigants whose cases they represent.
Notably, the DHCBA proposed a regulated exemption allowing each eligible advocate to use one nominated vehicle, subject to verification of professional identity, vehicle documents and a valid Pollution Under Control Certificate (PUCC).
The petitioner pointed out that the notification itself empowers the Delhi government's Environment Department to grant exemptions to additional categories of vehicles.
It also referred to a 2021 Delhi High Court order during the COVID-19 pandemic, when advocates were permitted to travel for court-related work on production of identity proof.
DHCBA's petition was filed through advocate Amit Choudhary.