Indore: The Madhya Pradesh High Court on Saturday 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
A division bench here comprising Justice SK Seth, and
Justice IS 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 PK 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 yesterday, according to a police spokesman here.