HC warns of action against cops failing to enforce helmet rule

The division bench comprising Justice S Manikumar and Justice Subramonium Prasad, on holding that judicial notice can be taken that many of the pillion riders are not wearing helmets, said, “If there is a failure on the part of the police officers-not below the rank of Sub-Inspectors, including traffic police-in the entire State of Tamil Nadu, to take appropriate action against the violators, for enforcing the provisions of the Motor Vehicles Act or implement the directions of this court, then this court would be constrained to take action against the Sub-Inspectors of Police and others who are responsible. If supervision is inadequate, then, this court would be constrained to issue appropriate orders against the Heads of the Department.”

“The Secretary to the Government, Home Department, Director General of Police and Commissioners of Police, Superintendents of Police are responsible for effective implementation of the rules pertaining to the wearing of helmets, and the orders of this court, from time to time,” the bench said.

Earlier, the bench on recording the submission made by Additional Advocate General P H Aravind Pandian that there is inadequacy of Sub-Inspectors of Police (Traffic) to effectively implement the orders of the court, said, “In so far as vacancies is concerned, the Additional Advocate General submitted that recruitment for filling up of the posts of Sub-Inspectors in the Police department has been taken up, and that the examination is also fixed. However, he is not in a position to state as to whether vacancies in the post of Sub-Inspectors of Police (Traffic) in Chennai and in other Districts (Traffic) have been taken note of, in the notification already issued. Had the government taken note of the vacancies of Sub-Inspectors of Police (Traffic), then having regard to the number of offences, the State government shall consider filling up of the vacancies in the Traffic department immediately,” the bench said.

The bench also slammed the Director of Medical Education, Chennai, for failing to submit details about the number of accidents reported with head injuries. That apart, details of the cases registered against those who allowed pillion riders without helmets are also not furnished, the bench said, before adjourning the case to July 5 for further hearing.