New Delhi: The Delhi High Court on Friday granted relief to advocates and judicial staff residing in the National Capital Region (NCR), exempting them from restrictions on the entry of vehicles registered outside Delhi that do not meet BS-VI emission standards.
Justice Amit Mahajan passed the order on a petition filed by the Delhi High Court Bar Association (DHCBA), which sought a limited and regulated exemption for advocates travelling from NCR areas to Delhi for professional duties. The exemption will apply only on working days of the courts.
The DHCBA had approached the High Court, highlighting the difficulties faced by advocates residing in NCR cities such as Gurugram, Faridabad, Noida and Ghaziabad, who regularly travel to Delhi for court hearings and other professional engagements.
Senior Advocate N Hariharan, appearing for the DHCBA, submitted that advocates and judicial staff perform essential functions related to the administration of justice and that their inability to reach courts could adversely affect the justice delivery system.
He argued that the government’s notification already provided exemptions for certain categories of vehicles and empowered authorities to grant exemptions to additional categories.
Hariharan also referred to the arrangements made during the COVID-19 pandemic, when movement-related exemptions were provided to advocates attending court proceedings.
“The government has the power to exempt. As far as lawyers and court staff are concerned, we are performing judicial functions and assisting My Lords. If we cannot come here, it will affect the entire justice delivery function,” Hariharan submitted.
Hariharan, who is also the DHCBA President, further argued that a regulated exemption was necessary to ensure that lawyers and judicial staff residing outside Delhi could continue attending courts and fulfilling their professional responsibilities.
The Bar Association’s plea had sought an exemption for vehicles lawfully used by advocates residing in the NCR and travelling to Delhi for bona fide professional duties during the winter restrictions.
It had also sought directions to the concerned authorities to consider its representation seeking an exemption under the provision of the government’s notification that permits the Environment Department to exempt additional categories of vehicles.
