Court Says Assisting Courts In Discharging Judicial Work Is An Essential Duty; Exempts Advocates And Court Staff From Restrictions On Non-Delhi Registered Vehicles

The Delhi High Court has permitted advocates and court staff residing in the National Capital Region (NCR) to use their vehicles for commuting to Delhi during the winter pollution-related restrictions, observing that assisting courts in the discharge of judicial work is an essential duty and may sometimes be emergent in nature.

Justice Amit Mahajan passed the order while hearing a petition filed by the Delhi High Court Bar Association (DHCBA) challenging restrictions imposed under a notification dated June 23.

The Court granted an exemption to vehicles belonging to advocates and court staff from the winter restrictions applicable to vehicles registered outside Delhi and those not complying with BS-VI emission standards.

As per the order, advocates and court staff possessing valid parking stickers issued by any Bar Association in Delhi can ply their vehicles to and from the national capital from November 1, 2026, to January 31, 2027, on court working days. However, they must produce a valid identity card.

Appearing for the Delhi High Court Bar Association, Senior Advocate N. Hariharan submitted that advocates perform essential functions for the administration of justice and should therefore be exempted from the restrictions. He argued that when courts continue to function, lawyers registered with the Delhi Bar Council and practising before courts in Delhi cannot be prevented from using their vehicles to discharge their professional duties.

It was further submitted that several representations had been made to the Delhi Government seeking an exemption, but no action had been taken.

Taking note of these submissions, the High Court observed that the notification itself provided exemptions to certain categories of persons performing sovereign and essential duties.

The Court observed:

"Prima facie, in the opinion of this Court, the function of assisting the Court for discharge of judicial work is also an essential duty and at times, can be emergent in nature as well."

The High Court further emphasised that the attendance of advocates and court staff is of utmost importance for the smooth functioning of courts.

It observed that once courts are functioning, advocates and court staff cannot be directed not to ply their vehicles, particularly when their presence is necessary for the administration of justice.

The Court also noted that the authorities had failed to demonstrate that adequate transportation facilities were being provided to advocates and court staff for commuting to courts.

Further, the High Court questioned how the same vehicles, which were not considered major contributors to pollution until October, could suddenly be regarded as significant contributors thereafter.

The Court issued notice in the matter and directed the authorities to file their replies, if any, before the next date of hearing.

The matter has been listed for further hearing on January 29, 2027.

Case Title: Delhi High Court Bar Association v. Union of India & Ors.

Before: Justice Amit Mahajan