The Delhi High Court has stepped in to resolve a major commuting issue for legal professionals living in the National Capital Region (NCR). In an interim order, the court permitted lawyers and court staff who commute from outside Delhi to use their non-Delhi registered vehicles to reach court premises without facing restrictions during the winter vehicle restriction drive.
Background
The issue stems from a petition filed by the Delhi High Court Bar Association (DHCBA) challenging a notification issued by the Delhi government on June 23, 2026. Under the notification, non-Delhi registered vehicles were banned from operating in the city between November 1, 2026, and January 31, 2027, as part of pollution control measures.
Senior Advocate N. Hariharan, appearing for the petitioner, argued that advocates perform essential duties in assisting the administration of justice. He pointed out that multiple representations had been sent to the Delhi government without any response, leaving lawyers commuting from NCR cities stranded.
Hearing the matter, Justice Amit Mahajan observed that assisting the court in judicial work qualifies as an essential duty that cannot be abruptly disrupted.
"The respondents themselves, in the Notification dated 23.06.2026, have provided an exemption to the class 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 bench emphasized that the attendance of advocates and court staff is crucial to keeping judicial operations running smoothly.
"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 is not the case of the respondents that they have been providing adequate transport to the Advocates and the Court staff for coming to the Courts."
Granting interim relief, Justice Mahajan permitted vehicles belonging to advocates and court staff to travel to and from Delhi on court working days until January 31, 2027. To avail of the relief, vehicles must display a valid parking sticker from any Bar Association in Delhi alongside a valid identity card.
The court issued notice to the respondents and scheduled the next hearing for January 29, 2027.
