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Old 6th September 2015, 20:13   #46
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Default Re: Drive without borders vs State of Jammu & Kashmir

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Originally Posted by SILVERWOOD View Post
Sir,

...

This order essentially means any one driving their own vehicles ( including self driven rentals).

We will get more clarity on this in the next hearing.

Waseem.....
Well, the picture of the order as posted above clearly states the phrase "private vehicles" .

"Meanwhile, respondents are directed to ensure safety of the people moving in their own private vehicles for visiting the area of Leh."

I'm not well versed with legal jargon, but still, I don't see how this would allow self-driven rentals cars to be operated.

But anyway, massive appreciation for the wonderful effort you have put in sir! Good to see the considerate response from the honourable High Court of J&K!
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Old 7th September 2015, 10:35   #47
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Default Re: Drive without borders vs State of Jammu & Kashmir

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"Meanwhile, respondents are directed to ensure safety of the people moving in their own private vehicles for visiting the area of Leh."
Thinking from a legal angle a private vehicle and a rented/hired vehicle are two different entities. There are lots of rules which are applicable for one category, while not for other. A privately owned vehicle has lesser rules/regulations which needs to be adhered when compared to rented vehicles. Self driven cars, are legally classified as rented vehicles only.
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Old 7th September 2015, 11:37   #48
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This is what our lawyer has to say

''I don't think it's an issue. Spirit of the order is to allow all vehicles. If any hindrance is caused, we will seek clarification from the Honourable High Court. ''
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Old 8th September 2015, 22:11   #49
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This is commendable work Silverwood, firstly thank you and Congratulations!
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Old 8th September 2015, 22:50   #50
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Default Re: Drive without borders vs State of Jammu & Kashmir

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Originally Posted by SILVERWOOD View Post
This is what our lawyer has to say

''I don't think it's an issue. Spirit of the order is to allow all vehicles. If any hindrance is caused, we will seek clarification from the Honourable High Court. ''
Please don't get me wrong, but the wording of the order seems to protect only private owned vehicles. It also appears that the initial prayer is only to protect private vehicles hence the interim order also talks only about that. I don't believe this order will address the current problem at all.
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Old 9th September 2015, 12:21   #51
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Originally Posted by Lalvaz View Post
Please don't get me wrong, but the wording of the order seems to protect only private owned vehicles. It also appears that the initial prayer is only to protect private vehicles hence the interim order also talks only about that. I don't believe this order will address the current problem at all.
Dear Sir,

The prayer was to protect all the vehicles and not just the private ones.

The order also does not say that 'Protect private vehicles and leave Self Driven Rentals at the Mercy of Goons'

Let me reiterate sir,this is just an INTERIM order and not a final one .
If we come across any other incident where Self Driven rentals are attacked/harassed, We will move another petition regarding the incident and may be file a contempt one as well.

Having said that, I have asked our advocate to seek clarity on the Interim Order at the right moment.

Regards

Waseem.....
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Old 9th September 2015, 18:03   #52
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Default Re: Drive without borders vs State of Jammu & Kashmir

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Originally Posted by SILVERWOOD View Post
Dear Sir,

The prayer was to protect all the vehicles and not just the private ones.

The order also does not say that 'Protect private vehicles and leave Self Driven Rentals at the Mercy of Goons'

Let me reiterate sir,this is just an INTERIM order and not a final one .
If we come across any other incident where Self Driven rentals are attacked/harassed, We will move another petition regarding the incident and may be file a contempt one as well.

Having said that, I have asked our advocate to seek clarity on the Interim Order at the right moment.

Regards

Waseem.....
Waseem, I understand that this is an Interim order and not a final order, but your original prayer as mentioned in the screenshots that you shared earlier very clearly stated "Petitioners said they were travelling to Leh in their private vehicles when they were attacked by miscreants. Advocate Nazki on behalf of the petitioners sought directions to the state to ensure that such persons do not cause any kind of hindrance to the people moving in their own vehicles for visiting the area of Leh"

I think this petition makes it amply clear that the protection is being sought only for private vehicles, and hence my initial query to you about the relevance of this to rented cars.

We all know that rental vehicles are still being stopped and facing issues, as is evident from mkpsuhas's post where he saw 2 bikes being stopped at the checkpost at kuru.

So, this petition is clearly not helping resolve the basic problem of rental vehicles being stopped by local taxi unions.

Last edited by Lalvaz : 9th September 2015 at 18:05.
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Old 9th September 2015, 21:47   #53
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Default Re: Drive without borders vs State of Jammu & Kashmir

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Originally Posted by Lalvaz View Post
Waseem, I understand that this is an Interim order and not a final order, but your original prayer as mentioned in the screenshots that you shared earlier very clearly stated "Petitioners said they were travelling to Leh in their [b]private vehicles
Quote:
Originally Posted by SILVERWOOD View Post
Article on the Interim Order.
Dear Sir,

I think you are mistaken.The screenshot which i had shared was not of the petition but of a news article which was published in an online website called rising kashmir.

Waseem.

Last edited by SILVERWOOD : 9th September 2015 at 21:51.
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Old 9th September 2015, 23:51   #54
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Default Re: Drive without borders vs State of Jammu & Kashmir

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Dear Sir,

I think you are mistaken.The screenshot which i had shared was not of the petition but of a news article which was published in an online website called rising kashmir.

Waseem.
Dear Waseem,

Even the interim order which you have posted on #39 of this thread clearly states "private vehicles". If the relief is sought only for private vehicles, the interim order and final order will also only address the prayer of the petitioner.

Anyways, I am sure time will tell whether rental vehicles will be spared following your intervention.
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Old 10th September 2015, 12:09   #55
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Originally Posted by Lalvaz View Post
Dear Waseem,

Even the interim order which you have posted on #39 of this thread clearly states "private vehicles". If the relief is sought only for private vehicles, the interim order and final order will also only address the prayer of the petitioner.

Anyways, I am sure time will tell whether rental vehicles will be spared following your intervention.
Dear Lalvaz,

I will post a snapshot (in the evening) of the prayer sought from the Petition which was filed.

This should answer all your questions.

Waseem....
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Old 10th September 2015, 22:08   #56
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Default Re: Drive without borders vs State of Jammu & Kashmir

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Originally Posted by DirtyDan View Post
Hmmm....I was planning to go to Leh, Nubra, Pangong next week. What advice can someone knowledgable give me as to how to handle "GOONS" , taxi mafia etc.???
Doesn't seem that foreigners are being harassed much. One I know was leading a bike tour out there with a couple Delhi-registered rentals, and nobody even bothered to stop him. So I wouldn't worry about it much.

If it did come to being stopped, would just try and be disarmingly friendly... I know that in writing, anyway, you can be good with humor, too... And as I mentioned somewhere earlier, addressing them as "achcho" (brother) might prove endearing also. If they ask for some kind of fee/donation/tax/penalty whatever, well, as a matter of principle it would highly offend me; but then, if I had to choose between a thousand rupees and a fight, I think I know what'd be wise.

-Eric
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Old 12th September 2015, 00:22   #57
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Default Re: Drive without borders vs State of Jammu & Kashmir

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Dear Lalvaz,

I will post a snapshot (in the evening) of the prayer sought from the Petition which was filed.

This should answer all your questions.

Waseem....
Dear Waseem,

Still waiting for your petition. Please post it.
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Old 12th September 2015, 11:17   #58
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Originally Posted by Lalvaz View Post
Dear Waseem,

Still waiting for your petition. Please post it.
Apologies Lalvaz.

Got busy in some other RTO related activity yesterday. Will do it this evening without fail.

Waseem
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Old 13th September 2015, 20:43   #59
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Default Re: Drive without borders vs State of Jammu & Kashmir

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Apologies Lalvaz.

Got busy in some other RTO related activity yesterday. Will do it this evening without fail.

Waseem
Here you go Lalvaz

''In these premises, it is therefore most respectfully prayed that this Hon’ble Court may be pleased to issue an appropriate writ, order or direction in the nature of mandamus or any other writ declaring the inaction of the Respondents in failing to protect the fundamental rights of the Petitioner guaranteed under Article 19 and 21 of the Constitution as illegal, arbitrary and unconstitutional and consequently direct the Respondents to forthwith take action against all such individuals who are preventing the Petitioners and other citizens from exercising such rights so as to enable the Petitioner and other citizens to exercise their fundamental right to travel freely throughout the territory of India and pass such other order or orders that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case''.

Waseem.....
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Old 13th September 2015, 23:58   #60
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Default Re: Drive without borders vs State of Jammu & Kashmir

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Here you go Lalvaz

''In these premises, it is therefore most respectfully prayed that this Hon’ble Court may be pleased to issue an appropriate writ, order or direction in the nature of mandamus or any other writ declaring the inaction of the Respondents in failing to protect the fundamental rights of the Petitioner guaranteed under Article 19 and 21 of the Constitution as illegal, arbitrary and unconstitutional and consequently direct the Respondents to forthwith take action against all such individuals who are preventing the Petitioners and other citizens from exercising such rights so as to enable the Petitioner and other citizens to exercise their fundamental right to travel freely throughout the territory of India and pass such other order or orders that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case''.

Waseem.....
This seems to be misinterpreted by the hon judge then, as per the interim order. I suggest you ask your advocate to seek clarity on rental vehicles specifically since the interim order gives no relief to occupants of rental vehicles.
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