Point of Law: Transport Department. In paragraph 6 of the said affidavit, it has been clearly stated that proviso to Rule 193 of the Gujarat Motor Vehicle Rules, 1989 which gave an option to women and children and pillion riders an option not to wear helmets

JUDGMENT :

A.J. Shastri, J.

1. We have heard Shri Sajeev Bhargav Ezhava-petitioner-party-in-person and Ms. Manisha Luvkumar Shah, learned Government Pleader assisted by Ms. Nisha Thakore, learned Assistant Government Pleader for respondent-State.

2. This petition, under Article 226 of the Constitution of India, framed as the Public Interest Litigation, was filed with the following prayers:

"12. (a) To declare that the amendment to the Gujarat Motor Vehicles Rules, 1989 granting exemption to the Driver and pillion riders from wearing of protective headgears is illegal and unconstitutional.

(b) To issue Writ of Mandamus to other appropriate Writ, Direction or Order directing the respondents to the effective Implementation of Central Motor Vehicle Act 2019, section 129, Every person, above four years of age, Driver and pillion or being carried on a motorcycle of any class or description shall, while in a public place, wear protective headgear conforming to such standards as may be prescribed by the Central Government Motor vehicle 2019.

(c) To issue Writ of Mandamus to other appropriate Writ, Direction or Order directing the respondents to exercise their powers conferred on them under the second proviso to Sec. 129 of the Central Motor Vehicles Rules 2019, in a judicial manner.

(d) Your Lordships may be pleased to grant any other relief or relief's as this Hon'ble Court may deem just, fit and expedient be granted in favour of the Petitioner;"

3. The petition was filed based upon certain press note and a communication by the Transport Commissioner, which, according to the petitioner gave an impression that wearing of helmets as required under Rule 193 of the Gujarat Motor Vehicles Rules, 1989 had been made optional in the State of Gujarat.

4. Vide order dated 27.01.2020, we had granted time to the learned Assistant Government Pleader to obtain instructions and also to file an affidavit in clear terms of the stand of the State Government and the affidavit was to be filed by the Secretary (Transport). Today, Ms. Manisha Luvkumar Shah, learned Government Pleader has filed the affidavit duly signed by the Principal Secretary, Ports and Transport Department. In paragraph 6 of the said affidavit, it has been clearly stated that proviso to Rule 193 of the Gujarat Motor Vehicle Rules, 1989 which gave an option to women and children and pillion riders an option not to wear helmets was already deleted vide notification dated 04.07.2016. A copy whereof has been filed as Annexure-R-I. It has further been stated by learned Government Pleader that till date the said proviso has not been restored and it stands removed from the statute book.

5. Further, in paragraph Nos. 8 and 9 what has been stated is that the stand of the State Government is not only clear and specific that wearing of helmets by two wheeler riders and pillion riders is mandatory but the same stand has been communicated in specific terms to the committee constituted by the Hon'ble Supreme Court of road safety, vide letter dated 07.01.2020 of the Principal Secretary, Ports and Transport Department. A copy whereof filed as Annexure-R-II. In order to place the stand correctly and accurately on record, we quote paragraphs 8 and 9 of the affidavit and also the contents of the communication dated 07.01.2020 hereinafter:

"8. I humbly say and submit that the Hon'ble Supreme Court of India has constituted committee on Road Safety, whereby all the States/Union Territories have been asked to submit action taken report as regards effective implementation of the provisions of the amended act of 2019. That in response to the said letter dated 24th December, 2019 addressed by the committee, the State of Gujarat had submitted it's reply vide letter dated 7th January, 2020. It has been specifically clarified by the State that no new standards are being set by the State Government for the helmets, and that no option is being given to the Urban users of two wheelers from using helmets. In fact, further atte