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2020 DIGILAW 202 (GUJ)

Sajeev Bhargav Ezhava v. State of Gujarat

2020-01-30

A.J.SHASTRI, VIKRAM NATH

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JUDGMENT : A.J. Shastri, J. 1. We have heard Shri Sajeev Bhargav Ezhava-petitioner-party-in-person and Ms. Manisha Luvkumar Shah, learned Government Pleader assisted by Ms. Nisha Thakore, learned Assistant Government Pleader for respondent-State. 2. This petition, under Article 226 of the Constitution of India, framed as the Public Interest Litigation, was filed with the following prayers: "12. (a) To declare that the amendment to the Gujarat Motor Vehicles Rules, 1989 granting exemption to the Driver and pillion riders from wearing of protective headgears is illegal and unconstitutional. (b) To issue Writ of Mandamus to other appropriate Writ, Direction or Order directing the respondents to the effective Implementation of Central Motor Vehicle Act 2019, section 129, Every person, above four years of age, Driver and pillion or being carried on a motorcycle of any class or description shall, while in a public place, wear protective headgear conforming to such standards as may be prescribed by the Central Government Motor vehicle 2019. (c) To issue Writ of Mandamus to other appropriate Writ, Direction or Order directing the respondents to exercise their powers conferred on them under the second proviso to Sec. 129 of the Central Motor Vehicles Rules 2019, in a judicial manner. (d) Your Lordships may be pleased to grant any other relief or relief's as this Hon'ble Court may deem just, fit and expedient be granted in favour of the Petitioner;" 3. The petition was filed based upon certain press note and a communication by the Transport Commissioner, which, according to the petitioner gave an impression that wearing of helmets as required under Rule 193 of the Gujarat Motor Vehicles Rules, 1989 had been made optional in the State of Gujarat. 4. Vide order dated 27.01.2020, we had granted time to the learned Assistant Government Pleader to obtain instructions and also to file an affidavit in clear terms of the stand of the State Government and the affidavit was to be filed by the Secretary (Transport). Today, Ms. Manisha Luvkumar Shah, learned Government Pleader has filed the affidavit duly signed by the Principal Secretary, Ports and Transport Department. In paragraph 6 of the said affidavit, it has been clearly stated that proviso to Rule 193 of the Gujarat Motor Vehicle Rules, 1989 which gave an option to women and children and pillion riders an option not to wear helmets was already deleted vide notification dated 04.07.2016. In paragraph 6 of the said affidavit, it has been clearly stated that proviso to Rule 193 of the Gujarat Motor Vehicle Rules, 1989 which gave an option to women and children and pillion riders an option not to wear helmets was already deleted vide notification dated 04.07.2016. A copy whereof has been filed as Annexure-R-I. It has further been stated by learned Government Pleader that till date the said proviso has not been restored and it stands removed from the statute book. 5. Further, in paragraph Nos. 8 and 9 what has been stated is that the stand of the State Government is not only clear and specific that wearing of helmets by two wheeler riders and pillion riders is mandatory but the same stand has been communicated in specific terms to the committee constituted by the Hon'ble Supreme Court of road safety, vide letter dated 07.01.2020 of the Principal Secretary, Ports and Transport Department. A copy whereof filed as Annexure-R-II. In order to place the stand correctly and accurately on record, we quote paragraphs 8 and 9 of the affidavit and also the contents of the communication dated 07.01.2020 hereinafter: "8. I humbly say and submit that the Hon'ble Supreme Court of India has constituted committee on Road Safety, whereby all the States/Union Territories have been asked to submit action taken report as regards effective implementation of the provisions of the amended act of 2019. That in response to the said letter dated 24th December, 2019 addressed by the committee, the State of Gujarat had submitted it's reply vide letter dated 7th January, 2020. It has been specifically clarified by the State that no new standards are being set by the State Government for the helmets, and that no option is being given to the Urban users of two wheelers from using helmets. In fact, further attention of the committee was drawn to the notification dated 12.09.2019, specifying composition fees as per section 200 of the Motor Vehicles act, 1988 which has been raised 1.5 to 5 times higher than the previous rates for effective implementation of the amended act, 2019. Here with annexed and marked as Annexure R-II is the copy of the said letter dated 7th January, 2020 addressed by the State to the Committee. 9. Here with annexed and marked as Annexure R-II is the copy of the said letter dated 7th January, 2020 addressed by the State to the Committee. 9. In view of the facts stated in communication dated 7th January, 2020 as on date the State Government has not issued any order or notifications making wearing of protective headgears as optional for every driver and pillion rider. The petition thus, appears to be mis-founded and in view what is stated hereinabove, it is respectfully prayed that the Hon'ble Court be pleased to dismiss the present public interest litigation." Communication dated 07.01.2020: "To, Shri S.D. Banga Secretary to the Committee, Supreme Court Committee on Road Safety, Room no. 249, Vigyan Bhavan Annexe, Maulana Azad Road, New Delhi-110011. Subject: Implementation of various provisions of the Motor Vehicle Amendment Act, 2019. Ref : Your Letters dated: (i) 24th December, 2019-No. 14/2019/CoRS and (ii) 2nd January, 2020-No. 50/2014/CoRS (Vol. 4) Sir, In response to your above stated letters, it is to bring to your kind notice that the State has implemented the amended Motor Vehicles Act, 1988, in all aspects like Licensing of Driver, Registration of Motor Vehicles etc. All the provisions of Motor Vehicles (Amendment) Act, 2019 are being implemented effectively on ground. So far as implementation of wearing of helmet while driving is concerned, the same is being done and no timeline for making wearing of helmets (as optional) in Urban areas has been fixed. Newspapers carried report of public demand regarding making wearing of helmets optional to enable them for procuring standard quality helmets, however no official decision has been taken by State Government in this regard. Unfortunately, an impression which is sought to be created on the basis of the newspaper report was as if the State has already taken a decision to make the wearing of helmets optional in Urban areas by way of a temporary measure. Surely, this aspect of the matter could have been clarified in somewhat more articulated fashion in our previous letter dated 23rd December, 2019. Please note that no new standards are being set by the State Government for the helmets, and that no option is being given to the urban users of 2 wheelers from using helmets. Surely, this aspect of the matter could have been clarified in somewhat more articulated fashion in our previous letter dated 23rd December, 2019. Please note that no new standards are being set by the State Government for the helmets, and that no option is being given to the urban users of 2 wheelers from using helmets. It may also be taken note of the fact that the State Government has issued a Notification dated 12.09.2019, specifying composition fees in accordance with Section 200 of The Motor Vehicles Act, 1988, and a copy thereof is attached herewith. As per the said Notification, new composition fees are 1.5 to 5 times higher than the previous rates and in case of some of the offences, the composition fees has been fixed at its maximum limit. At this stage, it may be emphasized that the State of Gujarat has taken many pro-active steps to ensure road safety as per directions of Supreme Court Committee on Road Safety. A comprehensive report has been sent to the committee on 6th December, 2019, showing various steps having been taken by the State. As a result of pro-active steps, the road accidents in the State have reduced from 4564 to 3502 (23.26%) and the fatalities from 1924 to 1568 (18.5%), since the implementation of Motor Vehicle (Amendment) Act, 2019, as compared to the corresponding period of last year. Let me assure you that Gujarat State is always committed towards the cause of Road Safety. Enclosed: As above Yours (Kamal Dayani) Principal Secretary Gujarat State" 6. In view of the above, the apprehension and the doubt created with regard to wearing of helmets having been made optional by the State of Gujarat now stands clarified. In view of the above, the petition stands disposed of in terms of the stand taken by the State Government as recorded in this order.