ISLAMABAD: The Islamabad High Court (IHC) has directed that no immediate cases should be filed against citizens driving without a license.
The matter came up during a hearing on the deadlines set for arresting unlicensed drivers and seizing their vehicles. Chief Justice Sardar Muhammad Sarfraz Dogar presided over the hearing, which was filed at the request of a citizen. Islamabad’s Chief Traffic Officer (CTO), Captain (Retd) Hamza Humayun, appeared in court in his personal capacity.
The petitioner argued that under the Motor Vehicle Ordinance, a penalty could be imposed for driving without a license, but the CTO’s deadline for vehicle seizures, case registration, and arrests was unconstitutional and illegal.
The petitioner further stated that such punishments should not be implemented without legislation from Parliament and approval from the Cabinet.
Chief Justice Dogar remarked that initially, citizens should be fined for not presenting a license, and stricter action could follow on a second offense. He added that if a person has a license but not its hard copy, they could present a digital copy.
The Chief Justice emphasized that negligent or careless driving could lead to serious consequences, including criminal liability in the event of an accident. He also highlighted that Pakistan has been independent for over seventy years, and citizens should be aware of the legal requirement to hold a driving license.
CTO Islamabad mentioned that new security features had been introduced in licenses to prevent tampering, and no cases had yet been registered against unlicensed drivers.
The Chief Justice suggested integrating the license verification system with the NADRA app, as digital verification of documents is already possible online. The CTO agreed to explore linking the system with NADRA.
The Chief Justice noted that filing cases against unlicensed drivers could create a social stigma, as their names would appear in criminal records.
He instructed that a one-time warning and fine should suffice, with stricter measures applicable for repeated offenses. He added that human errors occur, but the law cannot accommodate mistakes.
Following these directions, the Islamabad High Court disposed of the citizen’s petition.
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