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Ban on full-face helmet put off till May 19
View(s):The Court of Appeal ordered the ban on full-face helmets put off till May 19.
Appeal Court President Justice Vijith K. Malalgoda and Justice H.C.J. Madawala made this order on writ petitions filed by two citizens who pleaded an order to prohibit the Inspector General of Police, the Minister of Public Order, the Minister of Internal Transport and the Attorney General from taking any steps on imposing a ban on the use of full face helmets.
The petitioners – retired Army Officer Major Nalaka Indrajith and Chartered Accountant Chanaka Dassanayaka – also sought an interim order to suspend the operation of the gazette notification which imposed the full face helmet ban.
The petitioners had stated that only 128 incidents of robbery by persons wearing full-face helmets had been reported in 2014, but approximately 16,000 motorcycle accidents had taken place in 2012 with the incidents increasing annually.
The petitioners said it was unfair to justify the ban on full-face helmets since only a minute number of robberies had been committed by suspects wearing such helmets. Lawyers for petitioners argued that since the full-face helmet ban will not end robberies and other types of crime, police should find a logical way to stop them.
The police tried to impose the full-face helmet ban several times due to increase of robberies and other crimes committed by persons wearing that type of helmet. Police Media spokesperson ASP Ruwan Gunasekara said the regulations will be made effective from March 21 but the police postponed it till April 2.
An interim order was issued by the Court of Appeal to remove the ban on full-face helmets on the same day after considering two writ petitions. The Court of Appeal ordered to extend the interim order till May 19 and fixed the next hearing for May 18.
Presidents Counsel Faizer Mustapha, Thishya Weragoda, Pulasthi Rupasinghe, Iresh Seneviratne, and Harshana de Silva appeared for the petitioners.
The petition against the full-face helmet ban filed by the former Colombo City Coroner and attorney-at-law Edward Ahangama, also will be taken up for hearing on May 18.