The Delhi High Court has exempted advocates and judicial staff residing in the NCR from BS-VI emission vehicle restrictions on working days to ensure the uninterrupted administration of justice.
Delhi HC Grants Relief to NCR Legal Professionals
The Delhi High Court on Friday granted relief to advocates and judicial staff residing in the National Capital Region (NCR), exempting them from the restriction on the entry of vehicles registered outside Delhi which do not meet BS-VI emission standards. Justice Amit Mahajan passed the order on a plea moved by the Delhi High Court Bar Association (DHCBA), which had sought a limited and regulated exemption for advocates travelling from NCR areas to Delhi for professional duties. The exemption will be applicable 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.
Arguments for Judicial Continuity
Senior Advocate N Hariharan, appearing for the DHCBA, submitted that advocates and judicial staff perform essential functions connected with the administration of justice and their inability to reach courts could adversely affect the justice delivery system. He argued that the government’s notification itself provided for exemptions for certain categories of vehicles and empowered the authorities to grant exemptions to additional categories.
Hariharan also referred to the arrangements made during the COVID-19 pandemic, when movement-related exemptions had been provided to advocates for 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 President of the DHCBA, argued that a regulated exemption was necessary to ensure that lawyers and judicial staff residing outside Delhi could continue to attend courts and discharge 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 period of the winter restrictions. It had also sought directions to the concerned authorities to consider its representation seeking such an exemption in terms of the provision contained in the government’s notification permitting the Environment Department to exempt additional categories of vehicles.
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