Delhi HC exempts lawyers, court staff from restriction

New Delhi: The Delhi High Court on Friday said lawyers and court staff would be exempted from the travel restriction imposed on non-Delhi-registered pre-BS-VI vehicles by the city administration. Justice Amit Mahajan passed the order on a petition by the Delhi High Court Bar Association (DHCBA).

The judge said the exemption would be applicable on court working days. Citing pollution concerns, the Delhi government had, on June 23, decided to ban the entry of all outside motor vehicles that do not meet BS-VI emission standards into the capital from November 1 to January 31.

DHCBA's petition sought directions seeking exemption for vehicles "lawfully used by advocates residing in the NCR and travelling to Delhi for bona fide professional duties".

The DHCBA president, senior advocate N Hariharan, submitted that a large number of advocates travelled to courts in Delhi from NCR regions, which includes Gurugram, Faridabad, Noida and Ghaziabad, for performing "judicial functions", and therefore, their non-Delhi-registered, pre-BS-VI vehicles should be exempted from the ban.

"How can there be a blanket ban? We are performing judicial functions. If half of us can't come here, how will the courts function?" he argued.

In its petition, DHCBA said while clean air was imperative and the State has the power to regulate vehicular emissions, advocates should be exempted from the Delhi government's decision in the interest of administration of justice.

"Advocates timely attendance when required by a court serves the interests of litigants and the administration of justice. In Anita Kushwaha v. Pushap Sudan... the Supreme Court recognised access to justice as a facet of Articles 14 and 21.

"That principle makes the demonstrated effect on access to courts a relevant consideration. It does not confer a general privilege to pollute but it requires the authority to consider whether regulated access can reasonably reconcile the competing interests," the petition said.

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