A city lawyer on Tuesday challenged the Indore district collector’s 'no helmet, no petrol' order in the high court, just a day before it was meant to be implemented.
District collector Akash Tripathi had issued the order on March 25 in line with the state government directives. It also carried the provision for prosecution of petrol and diesel pump operators under Section 3/7 of the Essential Commodities Act 1955, if they failed to comply with the directive (sold petrol or diesel to the people without helmet).
Filing the Public Interest Litigation (PIL) with the Indore Bench of Madhya Pradesh on Tuesday, advocate Saurabh Mishra said the collector's order was not only unconstitutional but also went against the provisions of the MP Motor Vehicle Act, Essential Commodities Act and the Sales of Goods Act.
The petitioner said under section 3(2) of the Essential Commodities Act 1955, a seller couldn’t impose any precondition on the consumer/buyer. The order was opposed by other lawyers in the city too. The high court will hear the matter on Wednesday.
Helmets are a must, but who cares?
As many as 122 two-wheeler riders had died in road accidents across Indore during 2014 as they were not wearing helmets, according to traffic police records. However, the district administration’s past attempts to enforce the law have failed to bear fruit.