India
Delhi High Court Grants BS‑VI Exemption to Lawyers, Faces Criticism from Politicians
The Delhi High Court has granted an exemption from its June 23 ban on non‑BS‑VI vehicles for lawyers and court staff who travel to Delhi for professional duties. Justice Amit Mahajan issued the order on a petition filed by the Delhi High Court Bar Association (DHCBA). The exemption will apply on court working days and is intended to allow advocates from the National Capital Region—cities such as Gurugram, Faridabad, Noida and Ghaziabad—to attend court proceedings without violating the state’s emission restrictions.
The DHCBA argued that a large number of lawyers travel to Delhi courts from outside the city and that the blanket ban would impede the administration of justice. The association acknowledged the importance of clean air and the government’s authority to regulate vehicular emissions but contended that advocates should be exempted in the interest of judicial functions. It cited the Supreme Court’s decision in Anita Kushwaha v. Pushap Sudan, which linked access to justice with Articles 14 and 21 of the Constitution.
The exemption has drawn criticism from political figures. Trinamool Congress MP Mahua Moitra questioned the legality of the order on X, writing, “Huh? How can this be legal? Has Delhi High Court lost it completely?” CJP’s Saurav Das also condemned the exemption, saying, “Courts have been doing this for ages. They keep exempting themselves completely from any accountability and transparency. This is just taking it a step further. RIP equality before law!”
DHCBA president and senior advocate N Hariharan expressed concern over the blanket nature of the restriction, asking how courts could function if half of the lawyers could not attend.
The decision follows the Delhi government’s directive to prohibit all outside motor vehicles that do not meet BS‑VI standards from entering the capital between November 1 and January 31, a measure aimed at reducing pollution.
The article was reported with inputs from the agency. The journalist Garvit Bhirani, based in Gurugram, covered the story for LiveMint.
Frequently asked questions
Who issued the exemption order for lawyers and court staff?
Justice Amit Mahajan of the Delhi High Court.
Which groups are exempted from the BS‑VI ban?
Lawyers and court staff traveling to Delhi for professional duties on court working days.
Why did the Delhi High Court Bar Association seek the exemption?
They argued that many lawyers travel from outside Delhi and the blanket ban would impede the administration of justice, and that advocates should be exempted in the interest of judicial functions.