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| May 27, 2005 | Friday | Rabi-us-Sani 18, 1426 |
Govt lenient with pillion riders, LHC told: Helmet case
LAHORE, May 26: The Punjab government on Thursday deposed before a division bench of the Lahore High Court that wearing of helmet was mandatory for both motorcycle drivers and pillion riders, but it is lenient to women and children.
A reply submitted by the home department to the bench, comprising Justice Rustam Ali Malik and Justice Sardar Muhammad Aslam, said wearing of helmet by women, children and old people had been made optional, though they were also supposed to use it as provided under section 89-A of the Motor Vehicle Ordinance of 1965.
A section officer presented the reply, which also contended that the people wearing turban were not exempted from using helmet. It said wearing of turban might be necessary for them while offering prayers, but they must wear helmet while driving a two-wheeler.
The home department, which submitted its reply in the proceedings of an intra-court appeal filed by Advocate M.D. Tahir, stated that if the high court deemed necessary it might obtain opinion of the experts of the Mental Hospital, Lahore, to give a just decision.
Advocate Tahir filed the appeal against the decision of a single bench of the high court under which his petition challenging the use of helmet was dismissed on March 3 this year.
The government reply further said it was the general public, which demanded that the use of helmet for motorcyclists should be made mandatory for safety. The government also spelled out the condition of roads which, it stated, required a motorcyclist to use helmet. It said although incidents of head injury were fewer than other bodily injuries in case of an accident on a motorcycle, the former often proved fatal.
The government said it had met a constitutional obligation by making the use of helmet mandatory because it was the duty of the state to ensure protection of citizens.
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