Constitutional bench denies stay against e-challan system in Karachi

‘Every place has its own dynamics’ bench replies to argument that penalties are higher in the metropolis

The constitutional bench of the Sindh High Court has refused to grant an immediate stay against the e-challan system, issuing notices to the DIG Traffic Police and other respondents to submit their replies on a slew of petitions against the new mechanism in Karachi.

A two-member bench – headed by Justice Adnan Iqbal Chaudhry – took up the petitions on Tuesday, filed by Jamaat-e-Islami, Markazi Muslim League, Bus Owners Associations, and several citizens, challenging the legality and enforcement of traffic fines issued through the e-challan system.

The petitioners’ counsels argued that traffic fines in Karachi were much higher than those imposed in Lahore, terming the disparity discriminatory. The bench, however, observed that Karachi could not simply be compared with other cities, observing that ‘every place has its own dynamics’.

During the hearing, the counsel for the bus owners, Munisf Jan Advocate, complained that buses were not being allowed to pick up passengers. The court remarked, “All buses are required to stop only at designated stops.” He argued that proper bus stops were largely nonexistent in the metropolis. Justice Chaudhry responded: “We live in this city ourselves; we know the situation.”

The court ordered that all replies be consolidated and heard together, and adjourned proceedings until December 11. The petitions have named the Sindh chief secretary, provincial government, IG police, DIG Traffic, NADRA, Excise Department and other relevant institutions as respondents.

Speaking to the media after the hearing, Markazi Muslim League leader Nadeem Ahmed Awan termed the e-challan fines ‘unjust’, alleging that motorists were being ‘extorted in the name of enforcement’. He argued that road infrastructure in Karachi is in below poor conditions and that ‘facilities must be provided first’.

Awan claimed that speed-limit signs were only installed after millions had already been collected in fines. He said his party had taken the matter to court on behalf of the people and demanded that the e-challan system be suspended until basic traffic and road facilities are ensured.

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