The Delhi High Court today said plying of erickshaws in the national capital is illegal as per existing law and the ban on their operation will continue till Central government frames rules to regulate them.
A bench of justices Badar Durrez Ahmed and Siddharth Mridul upheld its ban on erickshaws, saying "What is prohibited under the law cannot be permitted".
The bench said it cannot issue a writ of mandamus to legalise what is illegal as per the existing law.
The bench also said "we cannot anticipate legislative changes" and left it to the Central government to frame rules for plying of erickshaws.
It said the review petition by Battery Rickshaw Welfare Association against the court's July 31 ban has now become infructuous.
The court's judgement came on the plea of social activist Shanawaz Khan filed through advocate Sugrive Dubey, seeking a ban on erickshaws. The plea had said "no person without valid licence be allowed to ply erickshaws".
The plea had contended that erickshaws had no registration numbers and the vehicles were putting passengers at risk.
In three months, around 200 accident cases, including two fatalities, have been registered, the plea had said, adding that erickshaws should not be allowed to ply as they are "high risk vehicles".
The court had on August 29 fixed the matter for order after the counsel for all the concerned parties including the Centre, Battery Rickshaw Welfare Association and petitioner Shanawaz Khan, on whose plea plying of erickshaws was banned, concluded their arguments.
