Delhi HC Grants Relief: NCR Lawyers, Court Staff Exempt from BS-VI Vehicle Entry Norms
Delhi High Court grants relief to advocates and judicial staff from NCR, exempting their non-BS-VI vehicles from entry restrictions on working days.
In a significant move to ensure that the wheels of justice keep turning without interruption, the Delhi High Court has granted a crucial exemption regarding BS-VI vehicle entry restrictions for legal professionals and judicial staff residing in the National Capital Region (NCR).
Justice Amit Mahajan passed the order on Friday, providing relief to those who commute from outside Delhi to attend court proceedings. The ruling ensures that advocates and judicial staff are not barred from entering the city due to their vehicles not meeting the BS-VI emission standards, provided they are traveling for professional duties.
A Necessary Bridge for Justice
The decision comes after a plea was filed by the Delhi High Court Bar Association (DHCBA). The association highlighted the mounting challenges faced by legal practitioners living in satellite cities such as Gurugram, Noida, Faridabad, and Ghaziabad. These professionals frequently travel into Delhi for hearings and other essential judicial engagements, and the strict emission-based entry restrictions were creating a significant hurdle in their daily professional lives.
Representing the DHCBA, Senior Advocate N Hariharan emphasized that the roles played by advocates and judicial staff are integral to the administration of justice. He argued that if these essential personnel are unable to reach the courts, the entire justice delivery system could be adversely affected.
"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," submitted Hariharan.
The Logic Behind the Exemption
During the proceedings, the DHCBA pointed out that the government's own notifications already allow for certain categories of vehicles to be exempt from these restrictions. Furthermore, the authorities possess the power to grant exemptions to additional categories as needed.
To support their case, Hariharan referred to the precedents set during the COVID-19 pandemic. During that period of strict lockdowns and movement restrictions, specific exemptions were provided to advocates to ensure that court proceedings could continue despite the prevailing constraints.
Key Details of the Order:
- Who is exempt: Advocates and judicial staff residing in the NCR.
- The Condition: The exemption applies specifically to vehicles used for bona fide professional duties.
- Timing: The relief is applicable only on the working days of the courts.
- Scope: It addresses the difficulties faced by those commuting from Noida, Gurugram, Ghaziabad, and Faridabad during winter restrictions.
The Bar Association had urged the court to direct the concerned authorities to consider their representation, citing the Environment Department's power to exempt additional vehicle categories. By granting this regulated exemption, the High Court has ensured that the professional responsibilities of the legal community are not compromised by environmental entry norms during the critical winter period.