Didn't permit bike taxis to operate, govt can take action without harassing individual owners: K'taka HC clarifies

Bengaluru, Aug 22 (IANS) The Karnataka High Court on Friday clarified that it has not permitted bike taxi operations in the state, adding the government can initiate action against bike taxis without harassing individual taxi owners. A division bench headed by Chief Justice Vibhu Bakhru and Justice C.M. Joshi made the observation following submissions by Advocate General Shashi Kiran Shetty.

Advocate General Shetty informed the Bench that aggregator apps had resumed business and were offering bike taxi services in the state after the High Court adjourned the hearing on a batch of writ appeals filed by aggregators until September 22.

Responding to the Advocate General’s submission that the matter must first be brought to the court’s notice before the state initiates action, the High Court clarified that it had passed no order permitting bike taxi operations.

“We have given no such orders. If they have started their business, the state can take whatever action is needed,” the bench stated.

The bench further clarified that its earlier direction only restrained the government from taking precipitative action against individual taxi owners. It had made no observations with respect to aggregators. The court noted that the state was considering a larger policy and reiterated that individuals should not be harassed.

Advocate Girish Kumar, appearing on behalf of bike taxi drivers, argued that the government could take action against the application but not against bike taxis providing services through it. He objected that bike taxis were being seized. In response, Advocate General Shetty said, “This allegation is not true. We are not arresting them.”

At this stage, the High Court intervened and again directed that individuals should not be harassed. The court, which has asked the government to clarify its stand on bike taxis, granted four weeks’ time and scheduled the next hearing for September 22.

Earlier, the court had questioned the state government’s decision to impose a complete ban on bike taxis instead of regulating them. The bench observed that every trade is permissible unless regulated and that bike taxi service cannot be kept outside the scope of commerce. It reminded the state of its obligation to frame a policy and noted that the court would only examine whether the policy is arbitrary, but would not interfere in policy-making.

Meanwhile, even as aggregators pressed for an interim order allowing them to resume bike taxi services, the court rejected their request. After the bike taxi services were resumed, private transport operators demanded strict action against bike taxi services and urged the government to file a contempt petition. The state government had banned the service on June 16.

--IANS

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