Observing that assisting courts in the discharge of judicial work is an essential duty which can sometimes be emergent in nature, the Delhi High Court has permitted advocates and court staff residing in NCR to use their vehicles to commute to the national capital during pollution-related restrictions.

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

The Court exempted the lawyers and court staff from the winter vehicle-entry restrictions imposed on vehicles registered outside Delhi and below BS-VI emission standards.

It permitted cars belonging to advocates and court staff holding valid parking stickers issued by any Bar Association in Delhi to ply to and from the national capital from November 01, 2026, to January 31, 2027, on court working days, subject to production of a valid identity card.

The Bar Association had approached the Court stating that advocates and court staff residing in NCR, whose vehicles are not registered in Delhi, were being prohibited from using their vehicles to commute to courts during the aforesaid period.

Senior Advocate N Hariharan, appearing for DHCBA, submitted that advocates perform duties essential to the functioning of courts and their vehicles should be exempted from the restrictions.

He argued that when courts continue to function during the period, lawyers registered with the Delhi Bar Council and practising in courts situated in Delhi cannot be prevented from using their vehicles to discharge their professional duties.

He also informed the Court that multiple representations had been made to the Delhi Government seeking an exemption, but no action had been taken.

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

“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 Court observed.

If further emphasised that the attendance of advocates and court staff was of utmost importance for the smooth functioning of courts.

“Once the Courts are functional, the Advocates and the Court staff's attendance is, undoubtedly, of utmost importance for the smooth functioning of the Court and they cannot be directed to not ply their vehicles,” it said.

Ir also noted that the authority had not demonstrated that adequate transportation facilities were being provided to advocates and court staff for commuting to courts.

It further 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 will be heard next on January 29, 2027.