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SC sets aside notification of making helmets compulsory for bikers to get petrol

LAHORE-The Supreme Court (SC) on Wednesday set aside the notification of district administration of making helmets compulsory for motorbike riders to get petrol from fuel stations.

The court observed how the notification could be issued in the absence of any law.

The three-member bench headed by Justice Manzoor Ahmad Malik and comprising Justice Syed Mansoor Ali Shah and Justice Amin-ud-Din Khan passed the orders on a petition filed by Mian Irfan Bashir challenging a notification of Deputy Commissioner for making helmets compulsory for the motorbike riders to get petrol from fuel stations. The bench heard the matter at the Supreme Court Lahore Registry.

At the start of proceedings, Deputy Commissioner Lahore Mudassar Riaz Malik and CTO Capt (R) Hammad Abid appeared before the bench.

Justice Manzoor Ahmad Malik asked a provincial law officer to inform about his stance on making helmets compulsory for motorbike riders to get petrol from fuel stations. 

At this stage, Justice Syed Mansoor Ali Shah observed that it was a matter of law to determine conditions  for the provision of petrol.

To which, the law officer stated that, under Motor Vehicle Ordinance, it was necessary for motorcycle riders to wear helmets.  He submitted that the DC issued a notification for making helmets compulsory for motorbike riders to get petrol on the basis of a Lahore High Court single bench order. However, Justice Malik questioned the law officer whether he agreed with the notification or not. To this, the law officer submitted that he did not agree with the notification in the absence of any legislation. 

However, he maintained that there were a number of benefits of wearing helmets. Justice Shah remarked that it was work of the parliament to do legislation, whereas the executive was bound for implementation of the same. Justice Manzoor Ahmad Malik addressed the Deputy Commissioner and observed that all people were  respectable to them, adding that the remarks over his dress in the previous hearing did not mean to hurt his feelings. Subsequently, the bench set aside the notification of district administration of making helmets compulsory  for the motorbike riders to get petrol from fuel stations.

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