The government has failed to explain how non-BS VI vehicles have suddenly become a major contributor to pollution, the Delhi High Court observed while exempting lawyers and court staff working in Delhi courts from the ban.
Justice Amit Mahajan noted that these vehicles were allowed in the capital till last month.
"The respondents have also not been able to point out, at this stage, how the same vehicles which were though not contributing to the pollution till the month of October, are suddenly being considered as a major contributor to the pollution," the Court observed.
It added that advocates and court staff perform essential duties.
"Once the Courts are functional, the Advocates and the Court staff’s attendance is, undoubtedly, of utmost importance for the smooth functioning of the Court and they cannot be directed to not ply their vehicles. It is not the case of the respondents that they have been providing adequate transport to the Advocates and the Court staff for coming to the Courts," Justice Mahajan said.
Therefore, the Court said that the cars of advocates and court staff holding a valid parking sticker of any of the bar associations in Delhi will be permitted to travel to and from Delhi during court working days from November 1 to January 31, 2027.
Justice Mahajan passed the order on a plea filed by the Delhi High Court Bar Association (DHCBA).
Senior Advocate N Hariharan had 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.
[Read Order]