• One of the petitioners says notification to amend motor vehicle law was published in gazette on Dec 1, whereas e-challans began in October
• Bench urges officials to examine all legal aspects before enacting any legislation
• Calls for taking into consideration ground realities
• Govt lawyer again seeks time to file comments
KARACHI: The Sindh High Court (SHC) was informed on Thursday that all actions taken by the provincial government under its e-challan initiative were unlawful, as it began sending hefty fines to citizens from October, but a notification to this effect was only published in the official gazette on Dec1.
This was submitted by one of the lawyers during the hearing of a set of identical petitions filed by the Jamaat-i-Islami, Pakistan Markazi Muslim League, Karachi Bus Owners Association and a citizen against the e-challan system introduced in October.
When a two-judge constitutional bench comprising Justice Adnan Iqbal Chaudhry and Justice Muhammad Jaffer Raza took up the petitions, Advocate Tariq Mansoor, one of the petitioners, pointed out that the impugned notification of the Sindh government to amend the Motor Vehicle Ordinance, 1965, was published in the official gazette on Dec 1.
He submitted that due to this discrepancy, all actions taken thereunder were unlawful.
The bench expressed annoyance over the government and remarked that all legal aspects should be examined before enacting any legislation.
When the issue of e-challans for traffic violations was raised, the court stressed the need to consider ground realities.
The bench observed that citizens stopped at traffic lights even in the middle of the night, regardless of whether any traffic was present.
If someone was heading towards the airport via ShareaFaisal at 4am, it would be risky for him to wait at a traffic light for it to turn green. The citizen could lose his wallet, his cell phone and even his life, the bench noted.
The court, however, observed that there was a change in the city traffic after the launch of the e-challan system.
Regarding the controversy about the gazette notification, the bench said that now that the gazette notification had been issued, it would decide the matter after examining the government’s response.
However, it observed that the provincial authorities should consult with their legal team before taking such decisions in order to address such aspects.
At the outset of the hearing, a provincial law officer sought more time to file comments.
He submitted that he had received the comments on the subject issue and he would file them in court after vetting.
He submitted that traffic accidents had decreased by 50 per cent after the enforcement of the system.
The bench directed the respondents — the Sindh chief secretary, home secretary, excise and taxation department, inspector general of Sindh police, DIG traffic and others — to file a detailed and comprehensive report about the impugned e-challan system by Jan 15, 2026.
The lawyers for the petitioners also pleaded for an interim relief to suspend the operation and implementation of the e-challan system till the final disposal of their petitions, as they had made a similar request at the previous hearing as well. However, the bench again refused to grant a stay.
The petitioners submitted that the AI-based e-challan system was implemented in the city without ensuring necessary road infrastructure, vehicle ownership verification mechanism and other allied facilities.
They argued that the state cannot demand compliance and impose heavy pecuniary sanctions while failing to provide the basic infrastructure necessary for lawful driving and that the impugned e-challan system was arbitrary, oppressive and discriminatory.
They stated that despite providing better facilities on motorways and highways, the federal government was not imposing such hefty fines on public transport.
Published in Dawn, December 12th, 2025
