Court refuses to grant stay on rules for BS-VI vehicles in Delhi

The Delhi High Court on Monday refused to grant an immediate stay on a notification issued by the Delhi government preventing vehicles registered in other states that do not comply with Bharat Stage-VI (BS-VI) emission standards from entering the capital. The bench of Acting Chief Justice Nitin Samant and Justice Sanjay Sharma stated that the application filed by Faridabad-based lawyer Gurmukh Das Kohli challenging these restrictions will now be heard on 27 November along with a similar application.

These rules have come into effect from Sunday under the Delhi government's Winter Action Plan and will remain in force until 31 January, 2027. The measures also include a directive that vehicles without a valid Pollution Under Control Certificate (PUCC) are prohibited from receiving fuel at petrol stations. Delhi Traffic Police announced these restrictions on Friday and requested commuters to check whether their vehicles possess the prescribed emission standards before entering the capital.

The petitioner, Gurmukh Das Kohli, stated in his application that he owns a BS-IV petrol vehicle registered in Haryana. He argued that this restriction discriminates based on the place of registration rather than the actual emissions of the vehicles. He further argued that this three-month blanket ban has been implemented without considering the daily air quality levels and is inconsistent with the Commission for Air Quality Management (CAQM)'s revised Graded Response Action Plan (GRAP), which provides for restrictions based on pollution levels.

This decision comes at a time when the Delhi High Court Bar Association (DHCBA) had sought exemption for lawyers, judges, and court staff from the proposed BS-VI vehicle restrictions. DHCBA President and senior advocate N. Harihar drew attention to this matter by writing a letter to Acting Chief Justice Nitin Samant and Delhi Lieutenant Governor Taranjit Singh Sandhu. The association stated that a large number of lawyers commute daily from neighbouring cities such as Noida, Gurugram, and Ghaziabad.

The association argued that since the cost of living in Delhi is very high, it is unaffordable for many lawyers, judges, and court staff to reside in the capital. They added that these individuals provide an essential service of delivering justice and therefore should be exempted from these restrictions. The letter also pointed out that BS-VI emission standards were introduced in Delhi in 2020, whereas the Transport Department and the Supreme Court had previously allowed vehicles with earlier emission standards to be operated for a specified lifespan — which is up to 10 years for diesel vehicles and 15 years for petrol vehicles.

On the other hand, the Delhi High Court has also issued a warning against 'forum shopping' in intellectual property disputes. The court cautioned against accepting intellectual property claims that have only a minimal or negligible connection with the capital.

Meanwhile, the Bombay High Court has extended the suspension period for actor Imran Khan against his 'leave India notice'. While hearing the application against the notice issued by the FRRO to US citizen and OCI cardholder Imran Khan to leave India by 28 October, the court directed him to tender an unconditional apology and provide an assurance not to participate in protest demonstrations in the future. Imran Khan was apprehended by the Mumbai Police on 10 October near August Kranti Maidan while he was involved in anti-SIR protests demanding the resignation of Election Commissioner Gyanesh Kumar. The court has permitted Imran Khan to remain in India pending the decision of the immigration authorities, and the next hearing in this matter has been fixed for 7 December.

The Supreme Court has dismissed a plea seeking an immediate hearing on an application requesting limits on domestic airfare during the Diwali festival. The petitioner argued that airfares have increased by 700 per cent compared to regular fares. The request was dismissed by Justice Vikram Nath. The Central Government had previously informed the Supreme Court that administrative approval has been obtained for new aviation rules under the Indian Aircraft Act, 2024, which will potentially be published in two weeks to regulate airfares. The next hearing is scheduled for 16 November.