The Delhi High Court has ruled that lawyers and court staff will be exempted from movement restrictions imposed by municipal authorities regarding vehicles registered before the BS-VI standard and not registered in Delhi.
Judge Amit Mahajan made this decision upon a petition filed by the Delhi High Court Bar Association (DHCBA). The judge specified that this exemption will only be valid on court working days.
Previously, citing air pollution issues, the Delhi government decided on June 23 to ban entry into the capital for all non-regional vehicles that do not meet the BS-VI environmental norms, effective from November 1 to January 31.
DHCBA's Request
The DHCBA's petition requested an exception for vehicles that are 'lawfully used by lawyers residing in the NCR and traveling to Delhi to perform legitimate professional duties.' The President of DHCBA, Senior Advocate N. Harikharan, stated that a large number of lawyers travel to Delhi courts from NCR regions, including Gurugram, Faridabad, Noida, and Ghaziabad, to carry out 'judicial functions.'
He objected to the complete ban, asking: 'How can there be a complete ban? We perform judicial functions. If half of us cannot come here, how will the courts function?'
In its submission, DHCBA emphasized that while clean air is vital, and the state has the authority to regulate vehicle emissions, lawyers must be exempted from the Delhi government's decision in the interest of ensuring justice. The association cited a precedent where the Supreme Court recognized access to justice as part of Articles 14 and 21, asserting that this fundamental principle requires authorities to consider whether regulated restrictions can reasonably balance competing interests.



