UTTARANCHAL SIKH FEDERATION Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE first petitioner in this writ petition is the Uttaranchal Sikh Federation, a society registered under the Societies Registration Act, 1980 and having its Central Office at 1/7, Haridwar Road, Dehradun. The second petitioner Mr. Gurdeep Singh "Toni" is the State President of Uttaranchal Sikh Federation. The third petitioner Smt. Neetu Singh is the President of the Women Wing of Uttaranchal Sikh Federation.

(2.) THE petitioners have filed this writ petition praying for the following reliefs: 1. To issue a writ, order or direction in the nature of certiorari quashing the order/direction issued by the Transport Commissioner through its letter No. 1457/TR/LI -CENSE/03 dated 10 -1 -2003 so far use of headgear (Helmet) by the Sikh ladies while driving Two -wheelers is concerned or while sitting as pillion rider is concerned. 2. Issue any other writ, order or direction in the nature of Mandamus commanding the respondent Nos. 2 and 3 not to enforce the order of the Transport Commissioner dated 10 -1 -2003 so far use of headgear (Helmet) by he Sikh ladies while driving Two -wheelers is concerned or while sitting as pillion rider is concerned.

(3.) AWARD cost of the petition. 3. The impugned letter dated 10 -1 -2003 of the Transport Commissioner has been produced as Annexure 2 to the writ petition. In the said letter the Transport Commissioner invited the attention of the Director General of Police, Uttaranchal to certain aspects regarding the licensing and operation of vehicles. The Transport Commissioner requested the Director General of Police to direct the authorities under him to ensure that the rules and regulations mentioned in the letter are strictly observed by persons operating the vehicles. The grievance of the petitioners is only regarding the direction contained in Paragraph 2(5) of Annexure 2 letter which stated that, under Section 129 of the Motor Vehicles Act, 1988 every person driving or riding on two -wheelers should wear a protective headgear (helmet). The petitioners want the Sikh women to be exempted from wearing protective headgear (helmet) while driving or riding on two -wheelers. 4. Mr. K. P. Upadhyaya, learned Standing Counsel for the State of Uttaranchal submitted that under the Proviso to Rule 201 of U.P. Motor Vehicles Rules, 1998 as applicable to the State of Uttaranchal, every pillion rider of a motor cycle, scooter or moped is exempted from wearing a protective headgear and, therefore, Sikh women are not required to wear a protective headgear while riding on a motor cycle, scooter or moped. According to the learned Standing Counsel, in Annexure 2 letter the Transport Commissioner omitted to mention the exemption under the Proviso to Rule 201 and to that extent the impugned direction is wrong. Therefore, it cannot be disputed that in view of the Proviso to Rule 201 of the U.P. Motor Vehicles Rules, 1998 as applicable to the State of Uttaranchal, Sikh women are not required to wear a protective headgear (helmet) while riding on a motor cycle, scooter or moped. However, they are required to wear a protective headgear while driving a motor cycle, scooter or moped.