‘How can this be legal?’ Why are Mahua Moitra, CJP’s Saurav Das questioning BS-VI exemption for Delhi lawyers

Trinamool Congress MP Mahua Moitra and CJP Saurav Das have expressed skepticism regarding the Delhi High Court's decision to exempt lawyers and court staff from the BS-VI emission standards requirement. The court's order, passed on Friday, permits lawyers and court staff to enter the capital on court-working days regardless of whether their vehicles meet the stricter emission standards.

Both Moitra and Das questioned the legality of the exemption, with Moitra asking, "Huh? How can this be legal? Has Delhi High Court lost it completely?" Das further criticized the decision, highlighting concerns over judicial accountability and the principle of equality before the law. The Delhi High Court Bar Association (DHCBA), which filed a petition for the exemption, argued that a significant number of advocates travel to Delhi courts from various NCR cities to perform judicial functions.

However, the DHCBA's president, N Hariharan, raised concerns about the blanket nature of the restriction, questioning how the courts will function if half of the advocates cannot attend due to the vehicle restrictions. The DHCBA acknowledged the importance of clean air but requested an exemption in the interest of administering justice.

The association cited the Supreme Court's judgment in Anita Kushwaha v. Pushap Sudan, emphasizing that access to justice is a constitutional right under Articles 14 and 21.