Nov 20(ABC): In some bad news for bikers who wished to commute between cities on the motorways, the apex court on Friday issued a verdict barring motorbikes from plying on the highway.
The decision was passed by a three-member bench of the Supreme Court comprising Justice Sardar Tariq Masood, Justice Aminuddin Khan, Justice Muhammad Ali Mazhar in a case where the government and Ministry of Communication had challenged decisions of the Islamabad High Court (IHC).
The IHC had allowed motorcycles with an engine of 600cc or above to ply on the motorways.
But the government challenged the decision in 2019.
Announcing last month’s verdict this week, the Supreme Court observed that the law has neither been challenged while it was created to ensure safety of citizens.
“According to 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.”
The three-member bench noted that it does not subscribe to the views of the high court 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 noted that the true purpose and powers conferred under Section 45 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 court deemed the safety of motorists as important for all, including bikers and other commuters on motorways, and set aside the orders of the high court.
“In consequence thereof, the writ petition stands dismissed, thus rendering the Intra Court Appeal infructuous.”
The government, through a notification issued on March 15, 2019, had banned entry to motorways vehicles across 14 categories 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).