No criminal cases for driving without licence, rules IHC

Waseem Kamboh

Islamabad: The Islamabad High Court (IHC) on Thursday directed the Islamabad Traffic Police (ITP) not to register criminal cases against citizens for not possessing valid driving licences, emphasizing that such actions could unfairly stigmatize ordinary drivers.

Chief Justice Sardar Muhammad Sarfraz Dogar issued the directions while hearing a petition filed by a citizen challenging the recent deadline announced by the ITP for arrests, vehicle seizures, and registration of cases against those driving without licences.

Chief Traffic Officer (CTO) Islamabad Captain (retd) Hamza Humayun appeared before the court.

The court disposed of the petition with specific instructions, directing that instead of filing cases, traffic police should impose fines on violators found without driving licences.

The petitioner contended that the CTO’s announcement regarding arrests and vehicle impoundments was unconstitutional and illegal, as such punitive measures could not be implemented without proper legislation.

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During the hearing, Chief Justice Dogar observed that “if cases are registered against those who do not have a licence, it will create a lifelong stigma for them.”

He added that a case can only be registered for driving due to negligence or carelessness, and in case of an accident, Section 302 of the Pakistan Penal Code could be applicable.

The Chief Justice further remarked, “Pakistan has been an independent country for more than 70 years, yet citizens are still unaware that they must hold a valid driving licence. If someone has a licence but not its hard copy, they can present a digital version.”

CTO Hamza Humayun informed the court that enhanced security features were being introduced in the digital driving licence system, and no citizen had been booked so far for not possessing a licence.

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Justice Dogar suggested that the ITP integrate its verification system with the National Database and Registration Authority (NADRA) to allow online verification of documents.

“You should adopt a one-time warning and fine system,” the Chief Justice said, adding that “mistakes are made by humans, but there is no margin for error in the law.”

The news was released by APP.