Source: The Sangai Express
Imphal, June 04 2009:
In a significant verdict , the Gauhati High Court has directed that the authority concerned shall give at least two months time from the date of issuing appropriate notification for making helmets compulsory to enable the drivers and riders concerned to purchase/arrange their protective head gears.
This followed after the State Advocate General today submitted before the Court that the press note issued by a senior police officer on April 29 asking the people to compulsory wear protective head gears by two wheeler riders and pillion riders, was made "without jurisdiction".
The AG submitted that appropriate steps will be taken for withdrawing it and that it shall not be enforced to it before its withdrawal.
Further he put forward that steps will be taken by the authority concerned of the State for implementation of the standing provision by issuing an appropriate notification by giving sufficient and reasonable time to enable the riders and drivers concerned to purchase their protective head gears.
Having heard the proceedings, the Court in its Imphal bench sitting, directed that the authority concerned,while issuing the notification, shall give at least two months time from the date of the notification for enabling the concerned drivers and riders to purchase/arrange their protective head gears.
The division bench Court headed by Justices Maibam BK Singh and Asok Potsangbam, also maintained that the said notification should also be widely published.
The order followed a Public Interest Litigation ( Pil) filed by ' Centre for legal advancement, Manipur,' a body formed by a group of legal practitioners.
Advocate K Pradeep , who appeared on behalf of the Pil, said the writ challenged the police officer's order made on April 29 saying that it has no legality though section 129 of the Motor Vehicles Act mentions about the safety and protection of every person driving or riding a motor cycle of any class or description.