Delhi HC wants to know why banned taxi app IP addresses haven't been blocked

The Delhi high court today asked the city government whether websites of app-based taxis can be blocked, while hearing a PIL that alleged that despite their being banned these taxi services are still operating.

A division bench of Chief Justice G Rohini and Justice RS Endlaw asked city government standing counsel Zubeda Begum to file an affidavit stating the steps taken on implementing the order which banned web based taxi services and whether these websites can be blocked by it.

The bench said: “Why can’t it (blocking the websites) be done? You (Delhi government) can block the sites. There is a wing of Delhi Police working on this.”

“Government to take instruction whether they can block the websites of app-based taxis which have been banned by them. They also have to indicate the steps taken on imposing the ban and its implementation,” it added.

The court asked the government to take instruction and file affidavit within four weeks and posted the matter for Feb 25.

During the hearing, Delhi government told the court that it has been taking action against cabs which were found operating despite the ban.

“We (government) have been acting on this. Last week we have impounded over 100 taxis,” advocate Begum told the court.

The court was hearing a PIL filed by one Harkesh Gupta, who sought action against the companies who are violating the government order dated Jan 1 through which it banned app-based cabs here.

Following the alleged rape of a 27-year-old woman in the national capital by the driver of US-based cab service Uber, the transport department of the Delhi government Dec 8, 2014 banned the services of all app-based taxis. Jan 1 the government confirmed the ban on app-based taxis.

The plea said Uber has been complying with the ban imposed by the government but other cab companies like Ola Cabs, TaxiForSure and others were still plying in the city.

“The government and police have failed and neglected to enforce the ban despite being aware that these companies are not only flouting the ban but also the applicable provisions of the Motor Vehicles Act and other rules framed thereunder,” the petition said.

Comments

Samaritan 21 Jan 2015, 17:59
+3 -3
Dear Court Clerks,

The next time you brainstorm on the ban and effective ways of implementing it, please tell the Hon'ble judges to implead Google, Apple and Microsoft, because it is through their India-app-stores and softwares, that apps such as Uber-India/ Meru/ etc, are available. They ought to be made liable for enabling operators like Uber to violate the ban. Outlandish? No, this isn't. Google, Apple and Microsoft have complete authority to demand from their app-partners complete compliance of the law. By making available such apps, which violate the ban, through their India-app stores make Google, Apple and Microsoft abettors to the offence. They ought to be brought to book. Blocking IP addresses of such operators is a solution riddled with loopholes. Nip the problem in the bud - plug the source. Consider this - wouldn't, by selling a prohibited-substance make Kian liable to be prosecuted under the law? Would it be a valid defence if he said that he is only a dealer and not a consumer or planter/ manufacturer?
Adbhokate 22 Jan 2015, 13:18
+1 -1
.....and also the telecom operators...because they provided the data links...do you understand?....do you have the [ ] ...?
Samaritan 22 Jan 2015, 18:30
+1 -1
Dear "Adbhocate", if only you didn't purchase your law degree and instead earn it, you would, among other things (a) understand the difference b/w the extent of control that telecom cos have over the communications that take place over their networks (and the necessity to moderate them), from the kind exercised by Apple, Google and Microsoft over the content they provide on their Inda-app stores (which are in plain terms, their web-pages); (b) not spell advocate so absurdly; and (c) been in a better position to communicate your point as effectively, without having Kian/ Prachi to censor nearly all of it! Consider this- would it be a valid defence for Kian that, by not being the author of the Caravan cover-story on Arindam Chaudhuri and by not being a party to the High Cour proceedings that banned this article, he is within his right to publish it in his website? Tell me, is Kian within his right to sell prohibited substances for illegal manufacturers on his website, on the ground that he doesn't make them? If the answers to these questions is a "NO", then why shouldn't Microsoft, Google and Apple not be held in contempt, for, [i]inter alia,[/i] not exercising necessary supervision over their own App stores/ websites, which make available such apps that violate a law/ ban ?
Samaritan 23 Jan 2015, 03:52
+1 -1
Was my response to his message really that offensive Prachi/ Kian?
kianganz 23 Jan 2015, 04:45
+1 -0
No - but sometimes comments posted at night take a few hours to moderate... :)
Samaritan 23 Jan 2015, 04:57
+1 -0
All my efforts have gone waste... Suhaan wins. He has managed to get the Uber-Delhi ban lifted. Wtf was the point of the ban if all it needed was this to be lifted!!!???
Samaritan 21 Jan 2015, 18:13
+0 -0
Kian/ Prachi, was my earlier post really that offensive?
Samaritan 23 Jan 2015, 05:06
+0 -0
Hey Kian, I want you to see this link and tally what's written there with the lastest news. Uber failed to get the votes they needed to return, and even get they are forcing their services on us. Like, wtf dude! - https:action.uber.org/delhi. These is the lastest on Uber's return: http://m.economictimes.com/news/politics-and-nation/uber-resumes-operations-in-delhi-post-1-5-months-ban/articleshow/45986886.cms
Samaritan 23 Jan 2015, 05:52
+0 -0
Here's proof, of as recent as Friday, January 23, 2014, that the people of Delhi do not want to #bringuberback
[img]http://i.imgur.com/BojLyhb.jpg[/img]
[img]http://i.imgur.com/rRUqBPj.jpg[/img]
Samaritan 23 Jan 2015, 06:07
+0 -0
Kian, both pics haven't come out right- both are cut from the left. Please could you get us get the "full picture"?
kianganz 23 Jan 2015, 06:12
+0 -0
They seem ok from here - maybe it's when viewing on some mobiles?

In any case, you could also argue that this shows that 8000+ people do want Uber to stay (despite them falling short of their self-stated target of 10,000).
Samaritan 23 Jan 2015, 06:36
+1 -1
This statistic has only one thing to show, that the #bringuberback campaign, which has been active from December 27, 2014, 1357 hrs- turned out to be a damp squib. It's success or failure had no bearing on Uber's policies. This service is like a drug that's being forced on to us. It will destroy conventional taxi operators - that are a much safer option, because the next time a female gets sexually assaulted in one of their cabs, god forbid, they will simply hold up their hands and say that they are not contractually liable to compensate as they are now in compliance with the amended law. With 20% of the cab fare in Uber's pocket, the driver will be in no position to compensate the victim. As Indians, we love an effective service, only when it comes cheap - we worry about the untoward consequences when they happen. Such are the days we live in...I hope someone files a writ petition to have the term "aggregator" clearly defined. This term should not be used as an instrument for corporates, like Uber, to suck out all the profit and disclaim any/all liability. Kian, is there anything that you could do about this??
Samaritan 23 Jan 2015, 05:24
+0 -0
Kian, Uber has just taken down its support campaign page which shows that the people of Delhi don't want it back. I took a screenshot of it today before it closed. Please could I share it on this space?
kianganz 23 Jan 2015, 05:30
+0 -0
Sure - please do share. You can go to http://imgur.com/ click upload on the top left, put the screenshot there. When uploaded, right click the picture, copy picture URL, and paste it in a comment (best if you press the little picture button on top first. Let me know if any queries.
Samaritan 23 Jan 2015, 05:58
+0 -0
Hey Kian, I've sent the pics across. Got em?
kianganz 23 Jan 2015, 06:01
+0 -0
Thanks, yes!
Change the Heading 23 Jan 2015, 09:01
+1 -1
Kian...please change the heading from the present one to "Dialogue Between Kian and Samaritan" so that people can simply skip it without clicking.
Samaritan 23 Jan 2015, 10:39
+0 -0
Dear Muff, how do the comments change the news being reported in this article? Unless, the news in itself is now irrelevant? - Which it incidentally now is, given that Uber will be oprating soon under circumstances vague and unknown..