ISLAMABAD: The Supreme Court set aside the Islamabad High Court (IHC)’s judgment on riding motorcycles on the motorways, saying government in the interest of public safety may prohibit or restrict the driving of motor vehicles in a specified area or on a specified road.
A three-judge bench, headed by Justice Sardar Tariq Masood and comprising Justice Aminud Din Khan, and Justice Muhammad Ali Mazhar delivered the judgment on the appeal of the federal government against the IHC.
The IHC had allowed the entry of motorcyclists on motorways, and held; “the term ‘life’ covers the quality life including the right to use motorways by the bikers whether it is for the purpose of travelling or for the enjoyment of plying motorcycles whereas the motorway police can only regulate the motorways in terms of Section 45 of the Ordinance and not to restrict its usage permanently without any basis”.
The apex court’s judgment said that the purpose of promulgating the National Highways Safety Ordinance, 2000 was to ensure and regulate safe driving measures on the national highways and motorways.
It said that Section 45 of the ordinance authorised the government or any agency in the interest of public safety or convenience and may prohibit or restrict the driving of motor vehicles or of any specified class of motor vehicles in a specified area or on a specified road, etc.
The SC noted that in the scheme of the Ordinance 2000, the prime factor and consideration is the safety of the public at large and the ban imposed on motorcycles is within the precincts and parameters of law which can neither be construed as the violation of any fundamental right to life or liberty nor this section was challenged before the High Court as being ultra vires the Constitution or the Ordinance 2000.
“We do not subscribe to the views of the IHC that the terms regulate wherever used in the Ordinance 2000 can only be considered for the purpose of supervision, superintendence, and administration and no restrictions can be imposed under Section 45 of the Ordinance 2000.”
It said the true purpose and exercise of powers conferred under Section 45 also encompasses the responsibility of supervision, superintendence, and administration including the power to restrict the entry of motorcyclists on motorways with the solitary cautiousness and intelligence of maintaining safety and protection vice versa.
The apex court observed that the IHC’s judgment has for all practical purposes nullified the effect of Section 45 of the Ordinance 2000.
The federal government on 15-03-2019 issued a notification, according to that the entry of 14 categories have been restricted including bicycles, scooters, agricultural vehicles, construction vehicles, armed carriers, animal-drawn carts, rickshaws/qinguis and also motorbikes on Motorways (M-1, M-2, M-3, and M-4).
The judgment noted that the notification, which is under challenge before the High Court, if the petitioner in the Writ Petition No.1603/ 2019 deems that said notifications are defective due to some procedural lapses or modalities or non-compliant to Section 45 of the Ordinance 2000, that aspect will be surely examined by the High Court.
The respondents (private citizens) had entreated a declaration that the ban on plying motorcycles on motorways imposed by the National Highways and Motorway Police (NHMP) was illegal.
Copyright Business Recorder, 2022
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