Hits the brakes on Centre’s plea to allow them to ply till rules are framed to regulate them
Ban on e-rickshaws in the Capital will continue as Delhi High Court on Tuesday rejected 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 e-rickshaws. The bench left it to Parliament and the Centre to decide what legislative changes need to be introduced to regulate the plying of e-rickshaws.
“In sum, the plying of unregistered e-rickshaws is illegal as per 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 e-rickshaws. 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 RK Kapoor, for the Battery Rickshaw Welfare Association, came to their aid.
The judgement came on the plea of social activist Shanawaz Khan, filed through advocate Sugrive Dubey, opposing the running of e-rickshaws alleging they are designed to carry only four people but ferry more than that, thus, endangering the lives of passengers.
The court had on July 31 banned the plying of e-rickshaws on roads of the national Capital. Rejecting the plea, the bench also said, “Can this court by a writ or direction under Article 226 permit something which has been expressly prohibited by Parliament and, more so, when none of the provisions of the said Act are under challengeIJ We think not. There is no authority in law for the proposition that what is validly prohibited can be validly permitted by an order of the court. The validity of the said Act and the CMV Rules are not questioned, yet, we are called upon to overlook the valid prohibitions contained therein and permit the plying of e-rickshaws till such time Parliament and/or Central Government legitimise it.”
In its 34-page judgement, the bench also said, “Courts can certainly iron out the creases, sandpaper the rough surfaces and chisel the jagged ends in a legislation to arrive at the true intent of the legislature, which, in turn, is an embodiment of the will of the people. High Courts can also quash provisions of statutes and, indeed, entire statutes if they run contrary to the Constitution. But, a High Court cannot create a statute, much less, permit what is prohibited by a valid statutory provision. We are not creators of law but, the interpreters and guardians of law.”
It also held that e-rickshaws have to be registered, need to have permits, be covered by an appropriate policy of insurance and be driven by persons holding driving licences. “This, we have seen, has not been happening. The e-rickshaws hitherto plying on the roads of Delhi were not registered, they did not have permits and did not have any insurance cover,” it said.