E-ticketing launched sans required legal framework, notes LHC

LAHORE – The Lahore High Court on Wednesday observed that e-ticket system was started without proper homework and required legal framework.

The court directed the Punjab Chief Secretary to bring this lapse to the notice of the Chief Minister who should take immediate steps to rectify the situation.

Justice Tariq Saleem Sheikh passed the orders while allowing a petition filed by Falak Sher, a transporter,  challenging the powers of Punjab Safe Cities Authority (PSCA) to issue e-tickets and liability of 55 e-tickets against him. The court also quashed 55 e-tickets issued to the petitioner. The court had reserved the verdict, after hearing arguments of the parties and it was announced in open court on Wednesday. Earlier, in his arguments, a counsel on behalf of the petitioner had argued that there was no legal framework for the e-ticketing system so the impugned tickets had been issued without lawful authority. He further submitted that traffic offences are like other offences on the Statute Book.

Lahore High Court quashes 55 E-tickets issued to petitioner

“The offender is personally responsible for it and his liability cannot be passed over to a third  person – in this case to the owner of the vehicle”, he added. He submitted that the petitioner could not be asked to pay fine against any of the impugned e-tickets. He further submitted that  section 116-A of the Provincial Motor Vehicles Ordinance, 1965 did not authorize e-ticketing at all, adding that the respondents could not draw support for e-ticketing from a LHC order.

However, an additional advocate general submitted that the ordinance was a special law relating to motor vehicles and it was being administered jointly by the Home Department, the Excise & Narcotics Control Department, the Transport Department and the PSCA. “Section 116-A of the Ordinance expressly deals with the ticketing system and the impugned tickets were validly issued”, he argued. He further submitted that e-ticketing draws its legitimacy from section 116-A of the Ordinance and a LHC order.

 

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