The Islamabad High Court has barred authorities from registering a case against any citizen driving without a license on the first offense, ordering that only a warning and fine be issued initially.
Chief Justice Sardar Muhammad Sarfaraz Dogar heard a petition from citizen Muhammad Abi Hassan on Thursday. Islamabad Chief Traffic Officer (CTO) Captain (retd) Hamza Humayun attended the hearing in person after being summoned by the court.
The petitioner argued that under the Motor Vehicles Ordinance, the penalty for driving without a license cannot be more than a fine and the police have no power to make arrests or confiscate the vehicle.
This came after the CTO set a deadline for Islamabad citizens to obtain a driving license. Once the deadline passes, police said they will register cases against unlicensed drivers and arrest them. According to the petitioner, this approach goes against the Constitution and the law.
During the hearing, the chief justice noted that if a person drives a vehicle without a license and an accident occurs, he can be charged with murder, but under normal circumstances only a fine is enough. He added that Pakistan has been in existence for more than 70 years and citizens should now know about the necessity of having a driving license.
The chief justice added that if a citizen has a license but does not have a hard copy, he must show a copy. The court also suggested introducing a digital license verification system like the CNIC verification feature on the NADRA app.
The Islamabad CTO told the court that so far no case has been registered against any citizen for driving without a license, while safety features have been added to the license to prevent tampering. He said the traffic police are working to digitize the permit system by linking it with NADRA.
The chief justice pointed out that recording cases of driving without a license would create criminal history for citizens, which could become a stain on them. Therefore, a warning and a fine must be imposed for the first offense and strict action can be taken in case of repeated offenses. The court ruled on the citizen’s application with instructions.
