Chennai: Pulling up a lawyer for making unnecessary, contemptuous and uncharitable remarks and unwanted criticisms against the court, the Madras high court has dismissed his petition to review its June 8, 2015 order, directing the state government to make wearing of helmet by two wheeler riders compulsory from July 1 last year.
“Being a lawyer, he should be a role model for other persons. Lawyer is supposed to know the law. By seeking to review the order he indirectly seeks a direction to violate section 129 of the Motor Vehicles (MV) Act. If the order of the court is reviewed, it would amount to a direction to violate the statute. Moreover, unnecessary, contemptuous and uncharitable remarks and unwanted criticisms against the court have been made in the review petition as well as during arguments in the open court. Taking into consideration that the petitioner is a senior citizen and having sufficient standing in the Bar, this court is not inclined to award any costs, even though very cost is required to be slapped on him”, said Justice N. Kirubakaran while dismissing a petition from advocate R. Muthukrishnan.
The judge said when about 155 countries had mandated the helmet rule and World Heath Organisation itself was in favour of wearing of helmet by two-wheeler riders and when the law was also in favour of wearing of helmet, only in this country, this kind of petition challenging the mandatory wearing of helmet was possible.
The petitioner would charge that the court had only become a cat’s paw of the crocodile tear shedding by helmet lobbyists’ group consisting of helmet manufacturers and marketers as well as publicity oriented/personally interested “helmet activists”. This contention was highly derogatory and contemptuous in nature. There was no question of the court becoming a puppet in the hands of somebody, the court said.
The judge said recently a committee headed by Justice K.S.Radhakrishnan was appointed by Supreme Court to scrutinise and monitor enforcement of statutory provisions including MV Act for making roads safer. In its report, the panel had said helmet laws be made applicable all over the country for riders and those on pillion.
