No Immediate Arrests Fine First Without a Driving License
No Immediate Arrests Fine First Without a Driving License: In a recent and important decision, the Islamabad High Court has addressed the issue of driving without a license in Islamabad, making it clear that citizens should not be arrested or have their vehicles confiscated immediately. Instead, they should first be given a warning and a fine. This ruling provides much-needed clarity for both traffic authorities and the general public.
Background of the Case
The case came to light when a citizen filed a petition in the Islamabad High Court against a policy that involved arresting people and confiscating their vehicles for not carrying a valid driving license. The petition questioned whether a new law had been introduced and raised concerns about the fairness of such strict actions without proper notice or understanding of the law.
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Chief Justice Sarfaraz Dogar’s Observations
Chief Justice Sarfaraz Dogar, while hearing the case, emphasized that there is no room for error in the law. He stated that no case should be registered immediately against a citizen simply for not presenting a driving license. According to him, traffic authorities must first issue a fine to the violator. If the offense is repeated, stricter legal action can be taken, but not in the first instance.
The Chief Justice highlighted that people shouldn’t have to suffer criminal charges for a minor traffic violation. “The case becomes part of a person’s criminal history,” he said, adding that such actions must be handled carefully.
CTO Islamabad’s Statement
The Chief Traffic Officer (CTO) of Islamabad, Hamza Humayun, appeared in court following a notice from the High Court. He informed the bench that no citizen has been arrested or charged so far for not having a driver’s license. He also shared that the traffic department has introduced several security features in the licensing system.
The CTO further stated that efforts are underway to digitally link the licensing system with NADRA (National Database & Registration Authority) for real-time verification.
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Court’s Recommendations for Fair Enforcement
The Islamabad High Court offered practical recommendations for handling cases related to driving without a license:
- Issue a warning and impose a fine on the first violation.
- Avoid filing a criminal case for first-time offenders.
- If the offense is repeated, take strict legal action.
- Digital systems should be used to verify identity and license status through NADRA.
- The police and traffic departments should work on modernizing their systems to reduce errors.
Digital Verification and NADRA Integration
The Chief Justice stressed the importance of using technology to avoid unnecessary legal complications. He referred to the NADRA app, which already allows authorities to verify ID cards and other documents. He suggested that a similar system be used to verify driving licenses, making the process faster, more accurate, and transparent.
The CTO agreed and said the department is already working on integrating the traffic system with NADRA, which will help traffic wardens verify licenses on the spot without needing to arrest anyone.
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Final Verdict by the Islamabad High Court
After hearing all sides, the Islamabad High Court disposed of the citizen’s petition with clear instructions:
- Do not arrest or register a case against citizens immediately for driving without a license.
- Impose a fine as the first step.
- Introduce digital systems to handle license verification efficiently.
- Educate the public about the requirements and legal consequences of driving without a valid license.