The Madras High Court today dismissed a plea seeking to declare as unconstitutional a public notice by the government making wearing of helmet by two-wheeler riders compulsory from July 1 failing which all documents of the riders, including driving license, be impounded.
The first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana, directed the petitioner Muthukrishan, an advocate, to pay a fine of Rs 10,000 to be paid to Tamil Nadu Mediation and Conciliation Centre within 15 days from today stating that the petition is "misconceived and meritless."
The court had on earlier occasions also dismissed similar petitions.
"In our view, the endeavour through the present petition is to circumvent the....Judgement passed earlier by a single judge dismissing petitions against helmet wearing, the bench said.
"Since, the petitioner is an advocate, he very well knows the legal procedure and consequences thereof. By raising the issue again is nothing but a publicity stunt. It is high time that there is value to be assigned to the judicial time which is spent on such matters and insistence of the petitioners to go on to argue such matters. The petitioner must pay for it", the court said.
The petitioner submitted that the public notice said that the impounded documents of the two wheeler riders who are not wearaing helmet would be released only on production of helmet with ISI mark with purchase receipt is without authority and improper, illegal and unconstitutional.
The public notice was illegal and violative of fundamental right to freedom of movement guaranteed under the constitution, the petitioner had submitted.
