NAVINDER JEET Vs. CHANDIGARH ADMINISTRATION CHANDIGARH

JUDGEMENT

(1.) Petitioner Navinder Jeet is a practising Advocate at Chandigarh. In public interest she invokes the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. She seeks quashing of challan dated 27-8-1998 and also a direction to the respondents to refrain from issuing further challans for not wearing helmet. Petitioner further seeks a direction to the respondents to return the money paid by the citizens for challan after 31-7-1998 with respect to not wearing the helmet viz-a-viz the pillion rider.

(2.) The facts which prompts the petitioner to approach this Court are that in Civil Writ Petition No. 7639 of 1995 decided on 9-7-1998 besides other directions this Court had directed that all persons while driving two wheelers or sitting on the pillion seat of two wheeler shall wear helmet. Exemption was only granted to the Sikhs (wearing turban while driving). A Special Leave Petition was filed against the judgment dated 9-7-1998. The Supreme Court stayed the operation of the judgment. The grievance of the petitioner is that despite the stay order granted by the Supreme Court the authorities are challenging the pillion riders sitting on two wheeler who are not wearing helmet. The act of the Chandigarh Traffic Police was stated to be illegal and in violation of the stay granted by the Supreme Court. It is in this backdrop that the petitioner prays that the respondents should be restrained from submitting challans as against the pillion riders who are not wearing helmet.

(3.) We have heard the petitioner who appeared in person.