LAHORE: The Lahore High Court has allowed a petition challenging a ban on the sale of petrol to motorcyclists not wearing a helmet.

Justice Raheel Kamran Sheikh announced a verdict reserved on a petition challenging a deputy commissioner’s direction that banned the sale of petrol to motorcyclists not wearing a helmet.

A written reply submitted by the deputy commissioner stated that the impugned ban had not been imposed through an order or a notification, but an advice.

The judge disposed of the petition with an observation that such a ban cannot be imposed without legislation.

The judge had already suspended the DC’s directive.

During the multiple hearings of the petition, the judge had questioned the imposition of the restriction on a fundamental right of the citizens with mere a notification.

Justice Sheikh had observed that the government should introduce legislation if it wanted to enforce the ban.

Petitioner Mian Irfan Bashir had pleaded that the DC’s directive was without any lawful authority and in violation of freedom of trade as embodied in Article 18 of the Constitution.

He asked the court to set aside the impugned ban for being unconstitutional and unlawful.

Published in Dawn, October 15th, 2023