Avishek Goenka vs Union Of India & Anr on 27 April, 2012
2. The basic challenge in the writ petition was to Rule 100
(1) and 100(2) of the Central Motor Vehicles Rules, 1989. The
learned Single Judge, noticing the judgment of the Apex Court in
Avishek Goenka v. Union of India [2012(2) KLT 577 (SC)]
refused to entertain the writ petition. The Apex Court in the said
judgment has already negativated the challenge to Rule 100. The
learned counsel for the appellant submits that several aspects
including the privacy aspect has not been considered by the Apex
Court and rule was upheld only as a safety measure. We are of
the view that the rule, having been upheld by the Supreme court,
it is not open for the petitioner to challenge the said rule citing
certain additional submissions.