HC issues notice to MP govt over mandatory helmet in Indore

Indore, May 28: The Madhya Pradesh High Court on Friday, May 27, issued showcause notices to the state government and eight of its other departments asking why not a petition challenging mandatory implementation of helmet use on two-wheeler riders in Indore be taken up for 'interim relief' as urged by petitoner.

A division bench here comprising Justice S K Seth, and Justice I S Shrivastava issued the order to the respondents including Principal Secretary, Ministry of Home, Ministry of Public Transport and local police and state administration returnable in three weeks, according to P K Shukla, counsel for petitioner, Sanjay Mittal.

Let the matter be listed after the summer vacation before the regular bench, Shukla said quoting the ruling.

He said no counsel from the government side appeared before today's sitting of the division bench.

The petitioner has challenged that "as per the Madhya Pradesh Motor Vehicle Rules 1994 and Motor Vehicle Act 1988's section 129 the mandatory helmet (head gear) shall not apply to a woman or a child who is not more than 12 years".

Petitioner also alleged that the traffic police Indore should not issue challan to woman two-wheeler riders and take cash fine from them, and it was illegitimate. He also demanded that the police should not only return the fined fee, but also tender an apology to them, according to Shukla.

It was also suggested that if the Indore Traffic Police wants to effect mandatory use of helmet (headgear) on riders, then it should be on the outskirt of the city not in the busy city routes and markets.

Helmet was made compulsory on two-wheeler riders (not pillion riders) in Indore city since early this week, and the traffic police earned a fine cash of Rs.1.57 lakh by issuing thousands of challans to offenders including women on streets till Thursday, May 26, according to a police spokesman.

PTI