SC declares ban on sale of petrol to helmet-less bikers illegal
A three-member bench of the SC’s Lahore Registry, led by Justice Manzoor Ahmad Malik, heard the petition filed by Mian Irfan Bashir against the notification issued by Deputy Commissioner Lahore Mudassar Riaz Malik, asking the filling station owners not to sell petrol to the motorcyclists not wearing helmets.
SC’s Lahore Registry noted that there existed no law under which the deputy commissioner could issue such a notification. Justice Syed Mansoor Ali Shah and Justice Amin-ud-Din Khan were the two other judges on the bench.
DC Lahore Mudassar Riaz Malik and CTO Captain (r) Syed Hammad Abid also appeared in the court.
Justice Syed Mansoor Ali Shah remarked the law had to lay down the conditions under which the sale of petrol could be allowed or otherwise.
The law officer replied wearing helmet had been made mandatory for the bikers in Motor Vehicles Ordinance, and that the DC had issued the notification on the basis of the order given by a single-member bench of the Lahore High Court.
When Justice Manzoor Ahmad Malik inquired from the law officer whether he agreed with contents of the notification, the latter replied in negative. At the same time, however, he asserted that wearing helmet had many benefits.
Justice Syed Mansoor Ali Shah pointed out that while law making was the job of parliament, executive’s duty was only to implement those laws.
Addressing the deputy commissioner, Justice Manzoor Ahmad Malik said the judges had respect for everybody who came to the court. “The purpose of remarks, which I had given yesterday (on Tuesday) about your dressing, was not to degrade you,” he clarified.
Mian Irfan Bashir, the petitioner, said the DC had issued the notification on the basis of LHC’s order. “The notification has affected the sale of petrol at pumps,” he argued.
He appealed to the court to declare the notification illegal.