FALAK SHER vs GOVERNMENT OF THE PUNJAB S — 2022 MLD 1900 LAHORE-HIGH-COURT-LAHORE

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FALAK SHER VS GOVERNMENT OF THE PUNJAB S.116-a & Twelfth Schedule [as substituted by Provincial Motor Vehicles (amendment) act (XV of 2009)]--- Constitution of Pakistan, art. 199--- Constitutional petition--- E-Ticketing--- Procedure---Punjab Safe Cities authority (PSCa), jurisdiction of---Violation not committed by owner of vehicle---Subsequent purchaser of vehicle, non-shifting of liability---Petitioner was aggrieved of issuance of traffic violation tickets by PSCa---Validity---Provision of S.116-a of Provincial Motor Vehicles Ordinance, 1965, provided for ticketing system only and did not cater for e-ticketing---Police officer and a person authorized by Provincial Government was empowered under S.116-a of Provincial Motor Vehicles Ordinance, 1965, to draw a charge against person if he had committed offence mentioned in Twelfth Schedule to Provincial Motor Vehicles Ordinance, 1965---authorized officer was to prepare Form-J at the spot and deliver three copies thereof to accused at the spot against due acknowledgement, send fourth copy to Bank and retain fifth for office record---authorized officer could seek assistance of PSCa for enforcement of S.116-a of Provincial Motor Vehicles Ordinance, 1965 but the latter could not issue any e-ticket on behalf of police officer under current legal dispensation unless there were arrangements to deliver it to the offender at the spot---No such mechanism was available in e-ticketing---Traffic offence entailed personal liability and only the person who committed was to be penalized---Buck could not be passed to owner of vehicle unless he was the offender himself---Subsequent purchaser of vehicle could not be held liable in any eventuality---Current e-ticketing regime infringed principles relating to criminal liability---E-tickets in question were also bad in law because they were not in Form-J prescribed by S.116-a of Provincial Motors Vehicle Ordinance, 1965---Mandatory to draw a charge and it was to contain a notice that vehicle could be impounded if fine was not paid---High Court quashed e-tickets in question as those were illegal---Constitutional petition was allowed, in circumstances.

FALAK SHER vs GOVERNMENT OF THE PUNJAB S — 2022 MLD 1900 LAHORE-HIGH-COURT-LAHORE

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