ANAND MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has, inter alia, sought a writ for declaring Section 129 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') as ultra -vires. This Section provides that every person driving or riding (otherwise than in a side car, on a motor -cycle of any class or description) shall, while in a public place, wear a protective headgear of such description as may be specified by the State Government by rules made by it in this behalf, and different descriptions of headgears may be specified in such rules in relation to different circumstances or different class or description of motor -cycles. This condition shall, however, not apply to a person who is a Sikh, if he is, while driving or riding on the motor cycle in a public place, wearing a turban. It also provides that it will be open to the State Government to provide for such exceptions, as it may think fit, by making rules. Section 129 of the Act reads as under: -

(2.) WE have heard Sri Anand Mohan, the petitioner in person. He has challenged the vires of this provision. The vires of any provision of any enactment can be challenged only on two grounds, namely,

(3.) THE contention of the petitioner is that wearing of a protective headgear is more injurious to a person wearing it because the driver or rider has to put a heavy load over his head while driving or riding on a motor cycle and this will put hindrance particularly the person driving the motor cycle. Secondly, it is urged that it will be difficult for him to see comfortably the side view either towards right or left because of the nature of the headgear.