LAHORE: The Punjab Safe Cities Authority (PSCA) has filed an intra court appeal (ICA) with the Lahore High Court challenging an order of a single bench that declared e-challan illegal for having no legal backing.

The appeal contends that the single bench passed the impugned decision ignoring the independent status of Punjab Safe Cities Authority Act 2016, which introduced the system of electronic ticketing. It argues that the single bench allowed a petition against the provincial government wherein it has not been even made a party. It further argues that the petitioner before the single bench directly approached the court without availing the remedy available under Motor Vehicle Ordinance 1965.

The appeal asks the court to set aside the decision of the single bench and allow the PSCA to issue e-challan to motorists on violation of traffic rules.

A division bench is likely to hear the appeal next week.

Files ICA stating that single bench ignored independent status of Safe Cities Act

A single bench comprising Justice Tariq Saleem Sheikh in the impugned decision observed, “The e-ticketing system has no sanction of law, it cannot sustain.”

The judge further observed that the Act of the PSCA did not licence it to issue e-tickets for any traffic violation. Justice Sheikh explained that generally the offender was responsible for the offence himself but in certain situations the law may hold another person vicariously liable for it.

He maintained that a traffic offence entailed personal liability and only the person who commits it can be penalised.

“The current e-ticketing regime also infringes the principles relating to criminal liability,” the judge said in his verdict.

The judge also declared the warning contained in the e-challan impounding the vehicle if the fine was not paid as patently illegal.

Justice Sheikh regretted that the government introduced the e-challan system without doing proper homework and providing the required legal framework.

The judge had directed the chief secretary to bring the legal lapse to the notice of the chief minister who shall take immediate steps to rectify the situation.

Published in Dawn, June 19th, 2022