The Supreme Court on Monday decided to examine the validity of battery-operated e-rickshaws being run on city roads without any licence or registration permit. On a petition filed by a social activist that questioned the legal regime under which these vehicles were brought out, the Bench asked Centre and States to respond on the PIl in four weeks.
The PIl filed by Bibhash Karmakar asked a Bench headed by Chief Justice RM lodha whether the e-rickshaws are governed by the Motor Vehicles Act. Karmakar, who argued in person, referred to a news story where a person was killed in an accident involving e-rickshaw in Delhi. With reports suggesting that e-rickshaw do not require registration, the petitioner wondered if liability would lie for compensation against owner of such vehicles in event of accidents.
The Bench, also comprising Justices Kurian Joseph and Rohington F Nariman asked Solicitor General Ranjit Kumar whether the Motor Vehicle Act and Rules were applicable to e-rickshaws. He said that e-rickshaws do not require registration. However, during the UPA Government, the Transport Ministry had declared e-rickshaws illegal on April 24.
The Bench also sought response from all States to the petition that sought a ban on e-rickshaws till the disposal of the petition. He alleged that plying of illegal e-rickshaws loaded with batteries having power of more than 650W was highly unsafe and caused harm to the environment too. Inaction on part of authorities to act against these vehicles was “wholly illegal, arbitrary, mala fide,” it alleged.