ISLAMABAD: The Islamabad High Court (IHC) on Thursday cautioned against the criminalisation of minor traffic violations, declaring that registering criminal cases or impounding vehicles for driving without a valid licence is an excessive and unlawful measure that undermines citizens’ rights and the principle of proportionality in law enforcement.

The court’s remarks came while disposing of a constitutional petition filed by Mohammad Abbi Hassan, who challenged the Islamabad Traffic Police’s recent decision to arrest and file criminal cases against citizens found driving without a licence after a specified deadline.

Chief Justice Sardar Mohammad Sarfraz Dogar, who presided over the hearing, questioned the legality of the move and observed that while obtaining a driving licence was a legal obligation, citizens cannot be treated as criminals for administrative lapses that are otherwise punishable only by fines.

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The petitioner’s counsel argued that under the Motor Vehicle Ordinance, driving without a licence is a compoundable traffic offence that attracts only a monetary penalty, not arrest or vehicle confiscation. The counsel maintained that the police’s decision to impose criminal penalties was unconstitutional, arbitrary and disproportionate to the nature of the violation.

Petition against ITP’s recent decision to file criminal cases against citizens found driving without a licence disposed of

Complying with the court’s earlier order, Chief Traffic Officer (CTO) retired Captain Hamza Humayun appeared in person and assured the bench that the traffic police had not registered any FIRs against citizens for driving without licences. He acknowledged the concerns raised by the petitioner and gave a categorical assurance that the department would act strictly in accordance with the law, refraining from any arbitrary or excessive measures such as the unwarranted registration of cases or immediate seizure of vehicles.

The CTO informed the court that the department was working on digitalising the licensing system by integrating it with the National Database and Registration Authority (Nadra), which would allow online verification of licences and prevent tampering.

Chief Justice Dogar appreciated the assurance but warned that turning ordinary traffic violations into criminal matters could have long-lasting and unjust consequences for citizens.

“Creating a criminal record over a minor traffic violation can permanently damage a citizen’s reputation and employment prospects,” the chief justice remarked, adding that traffic enforcement must encourage compliance, not fear.

The court noted that Pakistan had existed for over seven decades and citizens should understand the importance of obtaining a valid licence. However, it emphasised that punishment should always be proportionate to the offence and must not cross the line between enforcement and harassment.

“The court expects the Traffic Police Department to adhere to principles of lawful governance, proportionality, and due process, while ensuring transparency and fairness in the implementation of traffic regulations.”

With these observations, the court disposed of the petition, marking an important step toward balancing accountability with constitutional protections for ordinary drivers.

Vehicle registration notifications challenged

The Islamabad High Court (IHC) on Wednesday also took up two petitions filed by the All-Pakistan Car Dealers and Importers Association (APDA) challenging recent notifications issued by the Islamabad Capital Territory (ICT) administration relating to vehicle registration procedures, advance tax on imported vehicles and special number plate fees.

The petition, filed through Advocate Supreme Court Kashif Ali Malik, questioned the authority of the chief commissioner ICT and the director general Excise and Taxation Department to issue the impugned notifications, which revised registration processes and imposed enhanced charges for special registration numbers.

A division bench of the high court heard preliminary arguments and issued notices to the federation of Pakistan, the ICT administration and the attorney general for Pakistan, observing that the matter “requires consideration.” The case was adjourned to a later date for further hearing.

The petitioners contended that the chief commissioner lacked jurisdiction to exercise powers of a provincial government under the Motor Vehicles Ordinance 1965 and the West Pakistan Motor Vehicle Rules 1969.

The impugned notifications issued on Aug 2, 2024, July 10, 2025 and July 15, 2025 were described as void ab initio and issued without lawful authority.

Citing the Supreme Court’s judgement in Mustafa Impex v. government of Pakistan, the petitions argued that no fiscal or policy measures could be introduced without approval of the federal cabinet.

The petitioners also relied on the landmark judgement authored by Justice Babar Sattar in Shehryar Afridi versus the federation of Pakistan, wherein the court categorically held that the chief commissioner ICT was not the “Provincial Government” for Islamabad and cannot exercise powers reserved for provincial governments under federal laws.

It further referred to other decisions of the high court that have drawn similar conclusions regarding the limits of administrative authority in the federal capital.

The petitions also challenged the revised fee structure, under which certain registration numbers such as 786 and single-digit plates have been priced as high as Rs2 million, while motorcycle numbers are being charged up to Rs100,000.

It objected to the decision to link registration numbers to vehicle owners instead of vehicles, terming the change “impractical and disruptive” for ownership transfer, insurance verification and resale.

The petitions maintained that the notifications were contrary to Articles 4, 18, 23, 24 and 25 of the Constitution, which guarantee equality before law, protection of property rights and freedom of trade.

Published in Dawn, October 10th, 2025