Islamabad High Court bars immediate FIRs against unlicensed drivers

The Islamabad High Court (IHC) on Thursday barred the traffic police from registering immediate First Information Reports (FIRs) against individuals driving without a valid license.

Chief Justice Sardar Muhammad Sarfraz Dogar issued the order while hearing a petition challenging the Islamabad Traffic Police’s recent campaign targeting unlicensed drivers. Islamabad’s Chief Traffic Officer (CTO), Captain (R) Hamza Humayun, appeared before the court in person.

The petition was filed against the traffic police’s deadline to confiscate vehicles, register FIRs, and arrest those driving without a license.

Chief Justice Dogar directed the CTO to refrain from registering FIRs immediately against unlicensed drivers, emphasizing that a monetary fine should be imposed as a first step and a warning.

“Once an FIR is lodged, the individual enters the criminal justice system. This creates a stigma that can negatively affect their future,” the chief justice observed. “A one-time warning and a recorded fine are more appropriate for a first-time offense. Stricter action may be taken if the driver repeats the offence.”

The court further stated that individuals possessing a valid driving license but unable to present its physical copy should be permitted to show a digital version or a photocopy.

Justice Dogar also noted that NADRA’s mobile application allows for online verification of key documents, including driving licenses, and that this should be used to assist law enforcement.

CTO Hamza Humayun clarified that, so far, no FIRs have been registered against unlicensed drivers so far. He informed the court that the traffic department is working to link license verification with NADRA’s digital systems.

The IHC CJ remarked, “It is now clear that FIRs may be registered only in cases of reckless or negligent driving.”

The petitioner argued that the traffic police’s deadline and announced penalties were unconstitutional, stressing that arrests and FIRs without proper legislative backing from Parliament or the federal cabinet were illegal.

Under the Motor Vehicles Ordinance, driving without a license is a punishable offense through fines, not immediate arrest or FIR, the petitioner stated.

After hearing arguments, the IHC disposed of the petition with directives to the traffic authorities.

Notably, since May this year, Islamabad Traffic Police (ITP) have been enforcing stricter penalties and heavier fines to curb traffic violations across the capital.

Inspector General (IG) Islamabad, Ali Nasir Rizvi, had warned that strict action would be taken against those found driving without a valid license from October, stating that vehicles of unlicensed drivers would be confiscated, cases would be registered against them, and offenders could even face arrest.

“This step is being taken to improve traffic discipline in the city and reduce accidents,” he said, urging citizens to obtain their licenses within the stipulated time to avoid legal trouble.