IHC bars traffic police from arresting citizens without licence

Orders to impose a warning and fine on the first violation, with strict action to follow on repeat offences

The Islamabad High Court has barred authorities from registering a case against any citizen driving without a licence on the first violation, directing that only a warning and fine be issued initially.

Chief Justice Sardar Muhammad Sarfaraz Dogar heard a petition of citizen Muhammad Abi Hassan on Thursday. Chief Traffic Officer (CTO) Islamabad Captain (retd) Hamza Humayun attended the hearing in person after being summoned by the court.

The petitioner took the position that under the Motor Vehicle Ordinance, the penalty for driving without a licence cannot be more than a fine and that the police does not have the authority to make arrests or confiscate the vehicle.

It came after the CTO had set a deadline for citizens in Islamabad by when they should obtain driving licenses. Once the deadline had passed, the police declared that it would register cases against those driving without a license and arrest them. According to the petitioner, this move goes against the Constitution and law.

During the hearing, the chief justice remarked that if a person drives a vehicle without a licence and an accident occurs, he can be charged with murder, but in normal circumstances, only a fine is sufficient. He added that Pakistan has now existed for more than 70 years, citizens should now know that it is necessary to have a licence for driving.

The chief justice further said that if a citizen has a licence but does not have a hard copy, he should show its copy. The court also suggested introducing a digital system for verifying licences like the CNIC verification feature on the NADRA app.

The CTO Islamabad told the court that so far, no case has been registered against any citizen for driving without a licence, while security features have been added to the licence to prevent tampering. He said that the traffic police are working on digitalising the licence system by linking it with NADRA.

The chief justice remarked that registering cases of driving without a licence will create a criminal history of citizens, which can become a stain for them. Therefore, a warning and fine should be given for the first violation and strict action can be taken in case of repeated violation. The court disposed of the citizen's application with instructions.