ISLAMABAD: The Islamabad High Court (IHC) on Thursday prohibited the traffic police from immediately registering First Information Reports (FIRs) against individuals driving without valid licenses. The ruling came during a hearing on a petition that challenged the Islamabad Traffic Police’s (ITP) recent crackdown on unlicensed drivers.
Court Directs Fines and Warnings as First Response
Chief Justice Sardar Muhammad Sarfraz Dogar presided over the hearing, where Islamabad’s Chief Traffic Officer (CTO), Captain (R) Hamza Humayun, appeared in person. The petition had been filed to contest the traffic police’s deadline for arrests, FIRs, and vehicle confiscation for drivers lacking licenses.
Justice Dogar instructed the CTO to avoid filing FIRs immediately, directing the police instead to issue monetary fines and formal warnings for first-time offenders. He emphasized that immediate criminal registration was disproportionate for such minor violations.
“Once an FIR is lodged, an individual becomes part of the criminal justice system,” he observed. “This can create a long-term stigma that affects employment and social standing. A fine and a warning are fairer first steps.”
The court ruled that FIRs may only be registered in cases involving reckless or negligent driving, clarifying the limits of police powers under the Motor Vehicles Ordinance.
Digital Verification of Licenses Encouraged
Justice Dogar also directed that drivers who cannot present physical copies of their licenses should be allowed to show digital or photocopied versions. He noted that the NADRA mobile application already enables online verification of driving licenses, which should assist police in confirming authenticity on the spot.
During the proceedings, CTO Hamza Humayun confirmed that no FIRs have been registered so far against unlicensed drivers. He added that the ITP is working to link its verification system with NADRA to streamline checks and reduce unnecessary arrests.
Petition Declared Valid; Case Disposed of with Directives
The petitioner argued that the ITP’s recent campaign was unconstitutional, as the Motor Vehicles Ordinance allows for fines but not arrests or FIRs without legislative approval from Parliament or the federal cabinet.
After reviewing the arguments, the IHC disposed of the petition, instructing traffic authorities to adhere strictly to legal provisions and ensure proportional enforcement.
Background of the Enforcement Drive
Since May, the Islamabad Traffic Police have intensified enforcement efforts across the capital to improve compliance with traffic laws. Earlier, Inspector General (IG) Islamabad, Ali Nasir Rizvi, warned that from October, vehicles of unlicensed drivers could be impounded and cases registered against offenders.
The IHC’s latest ruling, however, ensures that citizens will face fines and warnings first, safeguarding them from unnecessary criminal prosecution while maintaining road safety standards.
