Delhi High Court exempts advocates, court staff from BS-VI vehicle ban till Jan 31

PTC Web Desk: The Delhi High Court has given lawyers and court staff some relief from the ban on older, non-Delhi vehicles entering the city. The court said that their presence is necessary for courts to work smoothly.

Justice Amit Mahajan passed the order on November 6. It allows advocates and court staff to travel to and from Delhi in cars that are registered outside the city and do not meet BS-VI emission standards. The permission is valid on court working days from November 1, 2026, to January 31, 2027.

There are two conditions. The person must carry a valid identity card and the car must have a valid parking sticker issued by any Bar Association in Delhi.

Why the court stepped in

The order came on a petition filed by the Delhi High Court Bar Association. It asked for relief for advocates who live in the National Capital Region and drive to Delhi for work.

The Delhi Government had announced on June 23 that, because of pollution, vehicles registered outside Delhi and not meeting BS-VI norms would not be allowed into the city from November 1 to January 31.

Justice Mahajan noted that the authorities had not explained why such vehicles, which were not seen as a major source of pollution until October, were suddenly being treated as one.

The judge also pointed out that the government’s own notification already exempts people performing sovereign and essential duties. In his view, helping courts do their work looks like an essential duty at first glance and it can sometimes be urgent. He added that the authorities had not claimed they were providing enough transport for lawyers and court staff to reach the courts.

Senior advocate N Hariharan, president of the Delhi High Court Bar Association, told the court that many lawyers come to Delhi from Gurugram, Faridabad, Noida and Ghaziabad. He said their older, non-Delhi-registered vehicles should be exempted because they travel to perform judicial work.

The petition accepted that clean air is important and that the state has the power to control vehicle emissions. But it argued that advocates should be exempted in the interest of justice.

It said lawyers turning up on time when a court needs them serves both litigants and the administration of justice. It also referred to the Supreme Court’s ruling in Anita Kushwaha v. Pushap Sudan, which treats access to justice as part of Articles 14 and 21 of the Constitution.

The petition added that this does not give anyone a general right to pollute, but the authorities must consider whether regulated access can balance both concerns.

The court has asked the Centre and the Delhi government to file their replies. The case will be heard again in January.

Until then, lawyers and court staff with valid ID cards and Bar Association parking stickers can continue to use eligible non-Delhi-registered, pre-BS-VI cars on court working days.

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