The Islamabad High Court (IHC) has directed authorities not to register immediate cases against citizens driving without a valid license, instructing instead that fines should be imposed first.
Chief Justice Sardar Muhammad Sarfraz Dogar issued the order while hearing a petition challenging the deadline set by the city traffic police for arrests and vehicle confiscations of unlicensed drivers. Chief Traffic Officer (CTO) Islamabad, Captain (Retired) Hamza Humayun, appeared before the court in person following a judicial notice.
The court disposed of the petition with instructions that no citizen should face an immediate FIR for not possessing a license. The Chief Justice said that drivers who fail to show a license should first be fined, not prosecuted.
The petitioner argued that the CTO had set a deadline after which vehicles would be seized and drivers arrested, calling such actions unconstitutional and unlawful without parliamentary legislation or cabinet approval.
During the hearing, Chief Justice Dogar observed that the petition questioned whether any new law had been made, and clarified that cases can only be registered in incidents involving negligence or reckless driving. “If someone drives without a license and causes an accident, then Section 302 (murder) may apply,” he remarked.
The Chief Justice further noted that Pakistan has been independent for over 70 years, and yet some citizens still do not understand the importance of having a driving license. “If you have a license but not a hard copy, you can show a digital copy,” he said.
CTO Hamza Humayun informed the court that no FIR had yet been registered against anyone for not having a license, adding that new security features have been introduced in the licensing system.
Justice Dogar suggested that the traffic police develop a verification system similar to the NADRA app, which allows online verification of ID cards and other documents. The CTO assured the court that efforts were underway to link the licensing system with NADRA for digital verification.
The Chief Justice warned that registering FIRs for such cases could stigmatize citizens, adding, “Once an FIR is registered, it becomes part of a person’s criminal history. Give them a one-time warning and fine. If they repeat the offence, take strict action.”
He concluded that while human error is natural, the law does not leave room for negligence.
