High Court stays SP’s order making helmets compulsory

Imphal, May 6 : The Gauhati High Court today stayed the enforcement by the Senior SP, Imphal West on two wheeler drivers and pillion riders to wear helmets with immediate effect. The court further said the general public cannot be detained and punished for not wearing helmets or protective gears until further orders from the court.

The stay order was granted by the High Court after a public interest litigation (PIL) was filed by the Centre for Legal Advancement, Manipur. The hearing was held at the Gauhati High Court, Imphal Bench today by a division bench comprising Justice Maibam Binoy Kumar Singh and Justice AC Upadhyay.

The High Court after hearing the counsel for the writ petitioner and the government advocate stayed the operation of the press note dated 29th April, 2009 and the case is fixed for further hearing.

According to a SP Imphal West press note wearing of helmets or headgears by the two wheelers riders as well as pillion riders are compulsory under section 129 of Motor Vehicle Act, 1958. Therefore, it was informed to all two wheelers riders and pillion riders to wear helmets and headgears and any one found not wearing helmets or headgears was to be fined and challaned.

In the meantime, the Vision Foundation Manipur maintained that the recent order by Senior SP Imphal West for two wheelers riders and pillion riders to wear helmets within the jurisdiction of Imphal West District is mandatory traffic rule and no one is above the law.

Vision Foundation further noted that the public witnessed that the Manipur police commandos on mobile duty on two wheelers are roaming the city streets without wearing helmets. The commandos are under the command of law enforcing authority and they are the guardians of the law. Why have they become law breakers, it asked.

If the authorities want to implement the rule in a successful way in the whole of Manipur the first priority is to discipline the men and women of Manipur traffic police who also need to follow the traffic rules.

In the eyes of the general public there are three traffic systems in Manipur. The first one is for VIPs, the second one is for the security personnel and the third one is for the common people. This kind of traffic system doesn’t exist anywhere in the world except in Manipur, the organisation further stated.

Such implemention of rules remind one of the ban on plastics a few years back in the state which has proved to be a big failure. So let us not make the rules for wearing helmets compulsory immediately or it will face the same fate as that of ban on plastic, it said.

HC status quo on council chairman recruitment

IMPHAL: Gauhati High Court has maintained a status quo on the controversial appointment of Sanjenbam Geeta Devi as in-charge chairperson of Council of Higher Secondary Education Manipur (COHSEM).

The order implies that Geeta will be holding her earlier post of additional director of Manipur education department (schools) as she is yet to take charge as the council's chairman, said advocate Y Nirmolchand, who appeared on her behalf.

Geeta filed the writ petition challenging Friday's government order appointing her as the council's chairperson. Among other reasons, she, in her petition, said she did not fulfill the requisite qualifications to hold such a post, the lawyer said. In her petition, Geeta contended that such an order was made in contrary to the provisions under sub-section II of Section 12 of the Manipur Higher Secondary Education Act, Nirmolchand added.

The Democratic Students' Alliance of Manipur (Desam) has detected the flaw and the government's "wrong" policy in appointing the petitioner to such post, he said. Having heard both parties, Justice UB Saha, in his Imphal bench sitting on Monday maintained the status quo. The court also issued notices to the state respondents commissioner, secretary and director of schools education to give their replies on the writ filed by her within four weeks.

The respondents were also asked to reply within a week as to why the operation of the government's order appointing Geeta as the council's chairman should not be stayed as prayed by her or "why such further or other orders as to this court may deem fit and proper should not be passed." Desam, while opposing Geeta's appointment, has demanded the government to revoke the order. The All Manipur College Teachers' Association (AMCTA) demanded the authorities to review such order.

According to the standing norms, a person who holds the post as director in schools or higher education can be appointed as the council chairman, said Desam's education secretary A Thoithoi on Sunday.