LAHORE: The Supreme Court of Pakistan on Wednesday set aside the Lahore High Court’s order on putting a ban on the sale of fuel to motorcycles or two wheelers without safety helmets. A three-judge bench, comprising Justice Manzoor Ahmad Malik, Justice Syed Mansoor Ali Shah and Justice Aminuddin Khan, has been hearing the appeal against a notification of the deputy commissioner banning the sale of petrol to motorcyclists or bikers without helmet. The deputy commissioner, Lahore, Mudassir Riaz and CTO Lahore, Syed Hammad, also appeared before the court. Advocate Nasarullah Babar appeared on behalf of a petrol pump owner Irfan Bashir, arguing that the LHC’s order and a subsequent notification by DC Lahore, had no value in the eyes of the law, as there was no law in the country that put ban on the sale of fuel to motorcyclists conditionalising them to wear helmets.
The court agreed with the appellant’s counsel and observed that such a ban was tantamount to usurping the basic rights of people and no such law stopped selling petrol to bikers not wearing helmets. “Every citizen has the right to sale or purchase necessities of life,” the top court ruled. Justice Manzoor Malik remarked that if someone goes to a Tandoor shop without a handkerchief, will he not be given Rotis (breads). To a query, a provincial law officer conceded that the LHC order had not legal cushion and the DC had only followed the court’s order. He, however, stated that the LHC had helped create an awareness among the masses on wearing safety helmets.