The division bench of Chief Justice Mazhar Alam Miankhel and Justice Musarrat Hilali was hearing a petition which pointed out that the police and additional deputy commissioners were issuing licences at the same time.
The court ordered a notification be issued specifying the department with the authority to issue licences. It also ordered that a compliance report to this effect be handed over to the additional registrar of the high court.
Abbottabad District Bar Association member Haibat Khan filed the petition, naming K-P IGP, transport secretary, law secretary, traffic police assistant IG, Hazara region DIG, Hazara transport secretary and Abbottabad DPO as respondents.
Haibat Khan told the court that under Rule 5 of the Motor Vehicle Rules 1969, district police officers were the motor licensing authority. However, he pointed out the rules changed after a notification on August 22, 2013.
“The K-P transport department issued a notification, in accordance with a decision of the chief minister, and declared all the additional deputy commissioners as the new motor licensing authority,” he said.
He added that despite the notification, DPOs were holding office of the motor licensing authority, including in Abbottabad, which is illegal.
The chief justice remarked that the general public was suffering due to the confusion.
The court then asked the provincial government, through its counsel Additional Advocate General Waqar Ahmad Khan, to formulate a policy on the licensing procedure within a month.
Making grounds for the petition, Khan asked under what authority the DPOs were holding offices of motor licensing authorities. He added such acts were illegal and not according to the 2013 notification.
Published in The Express Tribune, December 12th, 2014.
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