‘Assisting Court Is An Essential Duty’: Delhi High Court Exempts NCR-Based Lawyers and Staff From Winter Vehicle Restrictions
The Delhi High Court has granted relief to lawyers and court staff residing in the National Capital Region (NCR), allowing them to commute to Delhi using vehicles registered outside the national capital, including vehicles that do not meet the BS-VI emission standards. The court observed that assisting the judiciary in discharging its functions is an essential duty and that the presence of advocates and court employees is crucial for the smooth functioning of the justice delivery system.
Justice Amit Mahajan passed the order while hearing a petition filed by the Delhi High Court Bar Association (DHCBA), which challenged the Delhi government’s restrictions on the entry of certain vehicles into the national capital during the winter pollution-control period.
The restrictions were introduced through a notification dated June 23, 2026, prohibiting vehicles registered outside Delhi and not meeting BS-VI emission standards from operating in the capital between November 1, 2026, and January 31, 2027. The measures were introduced as part of Delhi’s efforts to tackle worsening air pollution during the winter months.
The Bar Association informed the court that a considerable number of advocates practising in Delhi reside in neighbouring NCR cities, including Gurugram, Faridabad, Noida and Ghaziabad. Since their vehicles are registered outside Delhi, the restrictions could prevent them from reaching courts to attend hearings, meet clients and discharge their professional responsibilities.
Appearing for the association, Senior Advocate N. Hariharan argued that lawyers perform essential functions connected with the administration of justice. He submitted that when courts continue to function, advocates and court staff must be allowed to commute to their workplaces without facing restrictions that could interfere with judicial proceedings.
The association also pointed out that representations seeking an exemption had previously been submitted to the Delhi government. However, no appropriate decision had been taken on the request, prompting the Bar Association to approach the High Court.
Accepting the prima facie arguments, Justice Mahajan observed that assisting courts in the discharge of judicial work constitutes an essential duty and may sometimes involve urgent responsibilities. The court emphasised that the attendance of advocates and court staff is of utmost importance for the smooth functioning of judicial institutions.
The High Court also questioned the government’s position on vehicle pollution, observing that the authorities had not adequately explained how vehicles that were permitted to operate until October could suddenly be treated as major contributors to pollution thereafter.
Another important consideration was the absence of adequate alternative transportation arrangements for lawyers and court employees travelling from different parts of the NCR. The court noted that the authorities had not demonstrated that sufficient transport facilities were being provided to enable them to reach their respective courts.
Under the exemption granted by the court, vehicles belonging to eligible advocates and court staff bearing valid parking stickers issued by any Bar Association in Delhi will be permitted to travel to and from the national capital from November 1, 2026, to January 31, 2027, on court working days. They must also produce valid identity cards to establish their eligibility.
The relief is specifically limited to the winter vehicle-entry restrictions challenged in the petition. It does not provide blanket immunity from other applicable pollution-control measures, including restrictions imposed under the Graded Response Action Plan (GRAP) or binding directions issued by competent authorities.
The High Court issued notice to the concerned authorities and directed them to file their responses. The matter has been listed for further hearing on January 29, 2027.
The ruling highlights the need to balance environmental protection measures with the uninterrupted functioning of judicial institutions. While controlling vehicular pollution remains an important public concern, the court has recognised that restrictions should also account for professionals whose presence is necessary for the administration of justice.
