Chennai: The Madras high court has made it clear that if the details sought from the Director of Medical Education and Director General of Police are not furnished, as directed, it may be constrained to issue appropriate orders against those who are not implementing the orders relating to compulsory wearing of helmets.
A division bench comprising Justices S. Manikumar and Subramonium Prasad said, “Instead of issuing suo motu contempt notice, the above direction is issued by this court, to ensure that orders of this court are implemented in letter and spirit”.
The bench had earlier directed the DME and DGP to submit number of accidents involving two wheelers and number of fatal cases due to head injuries.
Passing further orders on a PIL from K.K. Rajendran, the bench on Tuesday directed the DGP to furnish the details of number of cases registered for not wearing helmets by riders/pillion riders of two-wheelers in each district and fatality of cases reported in the District Head Quarters Hospital due to non-wearing of helmets.
Pointing out the first order passed by the court on July 5, 2018, the bench said now more than a year was over. The instant petition was filed during April 2018. Hence, the Secretary to government, Home and Prohibition department, Chennai was directed to explain as to why the orders of this court have not been implemented. Secretary to government, Health and Family Welfare Department, was directed to explain as to why medical report as required by this court has not been furnished so far, bench added.
The bench said the state of Tamil Nadu said that the wearing of helmets will be implemented in a phased manner by the riders and pillion riders within a year. The government has taken nearly twelve years in effectively implementing the rules. Though it was submitted on behalf of the government that it was sensitizing the people with regard to the benefits on wearing helmets and the law regarding wearing of helmets by the riders and pillion riders, the same does not appear to have given the desired result through the state, except Chennai. “Police cannot repeat the same submission to the court whenever the matter is listed. If we say so it will only reflect ‘not effective implementation’”, the bench added.
