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1988 Supreme(SC) 536

M.M.DUTT, E.S.VENKATARAMIAH
Ajay Canu – Appellant
Versus
Union Of India – Respondent


Advocates:
A.Subhashini, C.B.Balak, G.CHANDER KUMAR, K.PARASARAN ATTORNEY, P.A.CHAUDHARY, SUNITA RAO, T.V.S.N.Chari

Judgment

DUTT, J. :- The only question that is involved in this petition relates to the validity of Rule 498-A of Andhra Pradesh Motor Vehicles Rules, 1964 and a notification dated July 8, 1986 issued by the respondent No. 3, the Commissioner of Police, Hyderabad and Secunderabad, in exercise of his powers under Section 21(1) of the Hyderabad City Police Act, inter alia, directing that in order to ensure adequate safety of two-wheeler riders, wearing of protective helmets is made compulsory for riders of motor-cycles and scooters, as envisaged by Rule 498-A, with effect from August 1, 1986.

2. Rule 498-A provides as follows :-

"Rule 498-A. Crash helmets to be worn - No person shall drive a motor-cycle or a scooter in a public place unless such driver wears a crash helmet :

Provided that nothing in this rule shall apply to a person professing Sikh religion and wears a turban."

3. The petitioner, who is a student and has a permanent driving licence for a two-wheeler vehicle, filed a writ petition in the Andhra Pradesh High Court challenging the validity of the said notification as also of Rule 498-A on the ground that the same was violative of the fundamental rights of the petitioner as g























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