Court restrains police from lodging FIRs over driving without licence

The Islamabad High Court (IHC) has directed that no immediate criminal cases be registered against citizens driving without a licence, ordering instead that such individuals be fined.

Chief Justice Sardar Sarfraz Dogar gave the order while hearing a petition challenging the traffic police’s deadline for arresting drivers and impounding vehicles of those without licences.

During the hearing, Islamabad Chief Traffic Officer (CTO) Hamza Humayun appeared before the court. The chief justice observed that while negligence or reckless driving could warrant a criminal case, driving without a licence alone did not justify one.

He remarked that in case of an accident, Section 320 of the Pakistan Penal Code could apply if the driver lacked a valid licence. “If someone doesn’t have the original licence, they can at least show a photocopy,” he added.

The CTO informed the court that traffic police had not yet registered any FIRs against citizens for driving without a licence.

Justice Dogar cautioned that filing criminal cases for such violations would stigmatize citizens, as their names would appear in criminal records. “It has been more than 75 years since Pakistan’s creation, and we still haven’t clarified the procedure for carrying a licence,” he remarked.

Restraining the police from registering immediate cases, the chief justice said that while human errors occur, the law allows no room for overreach. The court disposed of the petition, directing that citizens who fail to show their licences should only be fined.