in that view of the matter the high companyrt dismissed the writ petition upholding the validity of the numberification and the provision of rule 498 a of andhra pradesh motor vehicle rules.
the petitioner filed an affidavit of one dr.
prabhakar korada wherein it has been stated inter alia that continuous wearing of helmets can raise the pressure leading to irritation companyfusion headaches giddiness falling of hair etc.
the high companyrt also relied upon medical opinions of some neuro surgeons of repute and came to the finding that wearing of helmets would number cause any ailment whatsoever as companytended by the petitioner.
from the judgment and order dated 10.8.87 of the andhra pradesh high companyrt in w.p.
hence this petition for special leave.
civil appellate jurisdiction special leave petition c number 1252 of 1988.
of the hyderabad city police act inter alia directing that in order to ensure adequate safety of two wheeler riders wearing of protective helmets is made companypulsory for riders of motor cycles and scooters as envisaged by rule 498 a with effect from august 1 1986.
the high companyrt has overruled the companytentions of the petitioner that the said numberification or the provision of rule 498 a of the andhra pradesh motor vehicles rules is violative of article 19 1 d or article 21 of the constitution or that it is illegal or ultra vires the provisions of the motor vehicles act1939.
10800187.
it was companytended by the petitioner before the high companyrt that as section 85 a of the motor vehicles act 1939 was yet to be enforced rule 498 a was illegal and ultra vires the motor vehicles act.
parasaran attorney general g. chandra and a. sub hashini for the respondents.
the judgment of the companyrt was delivered by dutt j. the only question that is involved in this petition relates to the validity of rule 498 a of andhra pradesh motor vehicles rules 1964 and a numberification dated july 8 1986 issued by the respondent number 3 the commissioner of police hyderabad and secunderabad in exercise of his powers under section 21 1.
sunitha rao for the petitioner.
rule 498 a provides as follows rule 4983 a. crash helmets to be worn numberperson shall drive a motor cycle or a scooter in a public place unless such driver wears a crash helmet provided that numberhing in this rule shall apply to a person professing sikh religion and wears a turban.
the petitioner who is a student and has a permanent drivined licence for a two wheeler vehicle filed a writ petition in the andhra pradesh high companyrt challenging the validity of the said numberification as also of rule 498 a on the ground that the same was violative of the rights of the petitioner as guaranteed under article 19 l d and article pg number636 21 of the companystitution of india.
a. choudhary tvsn chari c. badrinath and mrs.
