Jawahar Lal Gupta, C.J. (Oral)

Is the State bound to enforce the mandate of Sec. 129 of the Motor Vehicles Act, 1988 that "every person driving or riding on a motor cycle shall, while in a public place, wear protective headgear"? This question was answered in the affirmative by Koshy J. in.O.P.No. 17480 of 1998. The decision was challenged in W.A.No. 1980 of 1999 on the ground that by Act 54 of 1994, S.129 had been amended to provide that the headgear should conform "to the standards of the Bureau of Indian Standards." The appeal was allowed as "the change made to S.129," had not been noticed. However, in this petition, it has been pointed out that factually there is no difference in ISI and BIS marks. In view of the public importance of the issue, the matter has been referred to this Bench.

2. The petitioner is an unfortunate parent. On February 9, 2000, his son Ranjit, a young man of 26 years, was riding a motorcycle. It hit against an electric pole on the highway. He suffered a serious head injury. It meant an instant end. The petitioner lost his only child. He complains that the State and its officers had failed to perform their duty. He laments - if the drivers and r