Ban on erickshaws in the capital will continue as they are illegal as per existing laws, the Delhi High Court today held while rejecting Centre's plea to allow them to ply till rules are framed to regulate them.
Observing that "what is prohibited under the law cannot be permitted", a bench of justices Badar Durrez Ahmed and Siddharth Mridul directed the Delhi government and the authorities concerned to act in conformity with the laws and "prevent the plying of unregistered erickshaws".
The bench left it to Parliament and the Centre to decide what legislative changes need to be introduced to regulate the plying of erickshaws.
"In sum, the plying of un-registered erickshaws is illegal as per the law as it exists today. We can't anticipate the legislative changes that may be brought about or the alterations in the statutory rules that may be introduced in the future. That is for Parliament and the Central Government to consider and act upon. "For the present, a mandamus can certainly be issued to ensure that what is prohibited by law is not permitted in action. Therefore, we confirm our direction given on July 31, 2014, that respondents(Delhi government and other authorities) shall act in conformity with the said Act and Central Motor Vehicles(CMV) Rules and prevent the plying of unregistered erickshaws. The writ petition is allowed to this extent," the bench said.
It rejected the Centre's argument that there is a vacuum in legislation and till the same is filled the court may temporarily allow plying of e-rickshaws. "In the case before us, there is no vacuum or gaps to be filled or no absence of legislation; on the contrary there is a legislative prohibition," the bench said, adding that "none of the decisions" cited by Additional Solicitor General (ASG) Pinky Anand, appearing for Centre, and advocate R K Kapoor, for the Battery Rickshaw Welfare Association, "come to their aid". The judgement came on the plea of social activist Shanawaz Khan, filed through advocate Sugrive Dubey, opposing the running of erickshaws alleging they are designed to carry only four people but ferry more than that, thus endangering the lives of the passengers.
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