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Petition to review compulsory helmet rule

The order's two parts contradicted each other

Chennai: Opposition to the compulsory helmet rule refuses to die down, it seems. Advocate R. Muthukrishnan has filed a petition challenging the compulsory helmet rule order of the Madras high court.

The matter came up before Jjustice N. Kirubakaran who passed the order relating to compulsory helmet rule on June 8 this year. The petitioner said the judgment was founded on wrong legal construction. The order was tainted with unwarranted judicial activism, he alleged.

The order's two parts contradicted each other. The first part mandated for quality ISI certified helmet. The second part mandated for impounding vehicles and seizure of vehicle documents for not wearing helmet by riders.

As per norms, vehicles could not be impounded for the reason that riders were not wearing helmet. The act of not wearing helmet by two-wheeler riders could not be regarded as dangerous to the public or to public property. Helmet does not prevent accidents. Hence, he prayed the court to review the order of June 8. After hearing arguments, the judge reserved orders on the petition.

( Source : deccan chronicle )
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