LAHORE: The Supreme Court on Wednesday set aside a 2018 order of the Lahore High Court (LHC), which restrained petrol filling stations from selling fuel to motorcyclists not wearing helmets.

A citizen, Irfan Bashir, had challenged the decision of the LHC on the grounds that the restriction was in violation of fundamental rights.

Deputy Commissioner (DC) Mudassar Riaz Malik and Chief Traffic Officer Syed Hammad Abid were present in the court as a three-judge bench headed by Justice Manzoor Ahmad Malik resumed hearing at the apex court’s Lahore registry. Justice Syed Mansoor Ali Shah and Justice Aminuddin Khan were the other members of the bench.

DC Malik had donned a lounge suit with a necktie and a pair of dress shoes for his appearance before the court after being chided on a previous hearing by Justice Malik for not wearing proper attire.

The bench asked a provincial law officer to refer to the law that restricted bikers to wearing helmets for getting fuel.

The officer said there was no such law to regulate the selling of petrol to bikers. However, he said, the Motor Vehicles Ordinance required motorcyclists to wear a helmet.

Justice Malik asked the law officer if he justified the notification of the DC regarding the helmet condition.

The government’s lawyer said he did not endorse the notification as there was no legislation on the matter. The notification had been issued in light of an order of the high court, he added. However, the officer said, wearing a helmet while riding a bike ensured great safety.

The bench observed that making legislation was the job of parliament and the executive was supposed to get a law implemented only. The bench set aside the impugned decision of the LHC.

Earlier, Justice Malik acknowledged the DC’s outfit and said he looked graceful. The judge reminded the officer that the concern expressed by the court on his clothing was not meant to hurt anyone’s feelings.

Published in Dawn, January 28th, 2021