The Islamabad High Court (IHC) on Thursday restricted the traffic police from immediately filing First Information Reports (FIRs) against individuals driving without a valid license.
Chief Justice Sardar Muhammad Sarfraz Dogar issued the directive while hearing a petition challenging the Islamabad Traffic Police’s recent crackdown on unlicensed drivers. Islamabad’s Chief Traffic Officer (CTO), Captain (R) Hamza Humayun, appeared before the court in person.
The petition contested the police’s announcement to confiscate vehicles, register FIRs, and arrest unlicensed drivers, arguing that such actions lacked proper legal authority.
Chief Justice Dogar instructed the CTO to avoid registering FIRs for first-time offenders, emphasizing that a monetary fine and warning should be the initial course of action.
“Once an FIR is registered, the person enters the criminal justice system, which can harm their future,” Justice Dogar remarked. “A fine and a recorded warning are more suitable for a first violation, while repeated offenses may warrant stricter action.”
The court also directed that individuals possessing valid licenses but unable to produce the physical copy should be allowed to present a digital version or photocopy. Justice Dogar noted that NADRA’s mobile application can verify driving licenses online, which law enforcement should utilize.
CTO Hamza Humayun confirmed that no FIRs had been registered so far against unlicensed drivers and added that the department is integrating license verification with NADRA’s digital systems.
Justice Dogar further clarified that FIRs should only be filed in cases involving reckless or negligent driving.
The petitioner maintained that the police’s deadline and proposed penalties were unconstitutional, as arrests and FIRs for driving without a license lacked legislative backing from Parliament or the federal cabinet. Under the Motor Vehicles Ordinance, such an offense is punishable by fines rather than immediate arrest or FIR registration.
After reviewing the arguments, the IHC disposed of the petition, issuing directives to the traffic authorities to act in line with the court’s observations.
Since May, Islamabad Traffic Police have intensified enforcement to improve traffic discipline, imposing heavier fines for various violations. Inspector General (IG) Islamabad, Ali Nasir Rizvi, had earlier warned that from October, strict measures would be taken against unlicensed drivers, including vehicle confiscation and possible arrests.
He stated that the initiative aims to promote road safety and reduce accidents, urging citizens to obtain valid driving licenses promptly to avoid legal complications.
