Can advocates and court staff living in the National Capital Region drive into Delhi during the winter non-BS-VI vehicle ban? On court working days, the Delhi High Court has said they can.
New Delhi: Only on court working days will advocates and judicial staff residing in the National Capital Region be exempt from the ban on plying vehicles registered outside Delhi that do not meet BS-VI emission standards, the Delhi High Court said on Friday, November 6, 2026 [Delhi High Court Bar Association v. Government of NCT of Delhi].
Justice Amit Mahajan passed the order on a petition filed by the Delhi High Court Bar Association (DHCBA). A detailed order is awaited.
Relief, with limits
Friday’s order does not disturb the ban itself. It carves out a limited relief for those whose daily work keeps the courts running, and confines it to court working days. Earlier this week, a Division Bench of the High Court declined to stay the same winter entry restriction in a separate challenge.
The ruling gives immediate relief to a large number of lawyers and court employees who commute from neighbouring NCR cities, while leaving the anti-pollution framework, including GRAP curbs, in place. The detailed order is expected to set out the conditions on which the exemption will operate.
The notification under challenge
The Association challenged the restriction imposed through a notification dated June 23, 2026, issued by the Department of Environment and Forests, Government of NCT of Delhi. The notification bars vehicles registered outside Delhi and below BS-VI standards from plying in the capital between November 1 and January 31.
The same notification empowers the Environment Department to specifically exempt other categories of vehicles. The DHCBA argued that this power allows the authorities to consider a separate exemption for advocates who must travel to Delhi to attend courts, tribunals, chambers and other professional engagements.
The Bar Association’s case
Senior Advocate N. Hariharan, who is also the president of the DHCBA, appeared for the Association and argued that lawyers and judicial staff perform essential functions. He pointed out that the government already has the power to exempt certain categories and that such exemptions were granted to lawyers even during the Covid-19 pandemic.
“They [the government] have the power to exempt. As far as lawyers and court staff are concerned, we are performing judicial function and assisting My Lords. If we can’t come here, it will affect the entire justice delivery function.”
The petition sought permission for advocates living in Gurugram, Faridabad, Noida and Ghaziabad to travel to Delhi in their vehicles for professional work between November 1, 2026 and January 31, 2027. In the alternative, it asked that the Environment Department be directed to decide the Association’s representation dated October 27 by a reasoned order within a time fixed by the Court.
The Association said that advocates’ attendance is governed by judicial listings and directions, and that their inability to reach court when a matter is called could prejudice the litigants they represent. It proposed a regulated exemption under which each eligible advocate could use one nominated vehicle, subject to verification of professional identity, vehicle documents and a valid Pollution Under Control Certificate (PUCC). It also relied on a 2021 order of the High Court, passed during the pandemic, permitting advocates to travel for court work on production of identity proof.
The DHCBA made clear that it was not seeking a blanket exemption from environmental regulation, nor any immunity from stricter curbs under the Graded Response Action Plan (GRAP) or binding judicial orders. The petition was filed through advocate Amit Choudhary.
Case Title: Delhi High Court Bar Association v. Government of NCT of Delhi (case number awaited)
Bench: Justice Amit Mahajan, Delhi High Court
Date of Order: November 6, 2026
Appearances: Senior Advocate N. Hariharan with advocate Amit Choudhary for the Delhi High Court Bar Association
