The Delhi High Court has allowed advocates and court staff to use non-Delhi-registered, pre-BS-VI vehicles to travel to and from the capital on court working days during the three-month vehicle restriction period, while questioning how such vehicles suddenly became major pollution contributors after not being treated that way until October.
Justice Amit Mahajan said the exemption would apply from November 1, 2026, to January 31, 2027, to advocates and judicial staff holding valid parking stickers issued by any bar association in Delhi. They must also produce valid identity cards while travelling on court working days.
The order followed a petition by the Delhi High Court Bar Association, which sought relief for advocates living in National Capital Region cities such as Gurgaon, Faridabad, Noida and Ghaziabad. The association argued that many lawyers commute to Delhi for hearings and other professional duties, and that preventing them from using their non-Delhi-registered, pre-BS-VI vehicles could affect the administration of justice.
The court noted that the government notification itself provided exemptions for people performing sovereign and essential duties. Assisting the court in its judicial work was prima facie an essential duty and could sometimes be emergent, the judge said. The court also observed that the authorities had not claimed to be providing adequate transport for advocates and court staff to reach the courts.
During the hearing, the court questioned the authorities on the basis for treating the affected vehicles as major contributors to pollution. It asked how vehicles that had not been considered significant contributors until October had suddenly acquired that classification. The question places the evidentiary basis of the restrictions under scrutiny without setting aside the broader pollution-control measures described in the government notification.
The Delhi government announced on June 23 that non-Delhi-registered vehicles below BS-VI emission standards would be barred from entering the capital between November 1 and January 31. A subsequent Transport Department notification stated that other state-registered BS-IV and below vehicles would not be allowed to ply in Delhi during this period every year. The restrictions also cover certain commercial goods vehicles and buses, including those operating under All India Tourist Permits. CNG and electric vehicles are exempt.
The Transport Department has deployed about 250 enforcement personnel at key entry points, toll plazas and pollution hotspots. The measures were introduced as Delhi’s air quality remained under pressure after Diwali. The city recorded an average AQI of 376 on Diwali, described in the report as its most polluted Diwali in five years, while the AQI touched 371 at 10 am the following morning. Fourteen of 51 monitoring stations reporting data recorded severe air quality, and 33 reported very poor air quality. DTU recorded the highest reading at 439.
The Air Quality Early Warning System forecast that air quality was likely to remain severe over the following days, citing unfavourable weather conditions, vehicular emissions, Diwali celebrations and stubble burning in neighbouring states as contributors. The court has listed the matter for hearing in January and directed the Centre and the Delhi government to file their replies.
