Kochi: Kerala High Court on Friday refused to stay a single bench order making helmet mandatory for pillion riders. A division bench comprising Chief Justice Ashok Bhushan and Justice A.M. Shaffique was considering an appeal filed by the state government.
The court posted the appeal and the writ petition pending before the single bench to November 9 for detailed hearing.
The state submitted that the interim order should not have been passed after the enforcement of the notification decades ago.
Advocate-General K.P. Dandapani said the interim order was passed without giving an opportunity to inform their stand and that a reading of the order would show that it was in the form of a final order.
The state government had issued the notification after inviting objections and suggestions regarding its proposal to grant exemption to any person riding a two-wheeler other than the driver.
The single judge had passed the interim order on a petition filed by T.U. Ravindran, Palluruthy, Kochi, seeking a directive for making helmet mandatory for pillion riders of two-wheelers. Section 129 of the Motor Vehicles Act 1988 mandates that a two-wheeler rider as well as the pillion driver has to compulsorily wear helmet.
According to him, the exemption from wearing the protective head gear had caused a lot of accidents leading to the death of pillion riders. In the appeal, the state submitted that the petition was based on newspaper reports with respect to deaths that occurred in motor bike accidents and the same was a matter like a public interest litigation.
