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HC ban order on battery-run rickshaws temporarily stayed by SC

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A Chamber Court has stayed a High Court order banning battery-operated rickshaws in Dhaka, allowing their operation for the next month

Staff Correspondent

Publisted at 3:16 PM, Mon Nov 25th, 2024

A Chamber Court of the Appellate Division has ordered a one-month status quo regarding the operation of battery-powered auto-rickshaws in Dhaka, effectively allowing their continued use on the city’s roads despite a High Court directive mandating their restriction within three days.

The directive was issued on Monday by Chamber Judge Justice Md Rezaul Haque after hearing the government’s petition to stay the High Court’s previous order on Monday (25 November).

According to legal representatives, the ruling means battery-powered auto-rickshaws can continue operating in Dhaka for the time being.

Earlier, on 19 November, the High Court, following a preliminary hearing of a writ petition, issued a rule and directed relevant authorities to halt or impose restrictions on battery-powered auto-rickshaws within three days.

This directive was sent to the Home Secretary, the Inspector General of Police, the Dhaka District Commissioner, administrators of both city corporations, and the Dhaka Metropolitan Police Commissioner.

Challenging the High Court’s order, the government filed a petition on Sunday, which was subsequently brought before the Chamber Court for a hearing on Monday.

During the proceedings, Attorney General Md Asaduzzaman represented the state, while Advocate HM Sanjid Siddiqui appeared on behalf of the petitioners who had filed the original writ.

The writ petition was filed on 27 October by Zahirul Islam, president of the Greater Dhaka City Corporation Rickshaw Owners' Alliance, and Md Momin Ali, its general secretary. 

The petition challenged the authorities’ inaction in regulating or restricting battery-operated rickshaws.

The High Court’s rule had questioned why the authorities’ inaction in halting or regulating these vehicles should not be declared unlawful.

It also inquired why illegal electricity connections used to charge these rickshaws should not be severed, and directed the respondents—including the Home Secretary, IGP, and other Dhaka administrative officials—to respond within four weeks.

The issue remains contentious, with concerns over traffic regulation, environmental implications, and unlawful electricity usage at the forefront of the debate.

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