IHC directs no immediate cases against citizens for driving without licence
Pakistan
The Islamabad High Court ruled that citizens caught driving without a license should first be warned and fined, not arrested. The court also suggested digital verification for licenses through NADRA
ISLAMABAD (Dunya News) – The Islamabad High Court (IHC) has ruled that no immediate case should be filed against citizens for driving without a licence.
Chief Justice Sardar Mohammad Sarfraz Dogar issued the ruling while hearing a petition filed by a citizen challenging the Chief Traffic Officer’s (CTO) directive for a deadline after which vehicles would be seized and arrests made for driving without a license.
The court stated that individuals caught driving without a valid licence should first be warned and fined, rather than being arrested or having their vehicles seized.
The petitioner argued that such actions were unconstitutional and unlawful without legislation from Parliament or approval from the Cabinet.
The chief justice stated that while driving without a licence could lead to legal consequences, such as filing a case in the event of an accident, the law should not impose immediate severe punishments without a proper process.
The CTO, Captain (retd) Hamza Humayun, who appeared in person in response to the court's notice, clarified that no case had been filed against any citizen for lacking a driving license so far.
The court expressed concerns regarding the lack of awareness about licensing, noting that Pakistan had been established over 70 years ago, yet many drivers were still unaware of the need for a valid license.
Chief Justice Dogar also suggested introducing a digital verification system, similar to the National Database and Registration Authority (NADRA) app, for verifying driving licences and other documents online, linking them with NADRA for easy access and authentication.
The court's final order emphasized that a first-time offender should only be issued a warning along with a fine, and any subsequent violations could lead to more severe action. The court also stressed that mistakes happen, but the law cannot allow for errors when it comes to enforcement.
The petition was dismissed with these instructions, as the court hoped the decision would strike a fair balance between law enforcement and citizens' rights.
