ISLAMABAD: The Islamabad High Court (IHC) on Friday issued notices on a set of petitions challenging recent notifications issued by the Islamabad Capital Territory (ICT) administration concerning revised vehicle registration procedures, the imposition of advance tax on imported vehicles, and enhanced fees for special number plates.
A division bench of Justice Khadim Hussain Soomro and Justice Muhammad Asif issued the directives while taking up two petitions filed by the All-Pakistan Car Dealers and Importers Association (APDA).
The petitioners, through Advocate Kashif Ali Malik, questioned the legality and constitutional validity of the ICT administration’s move, arguing that the notifications had been issued without lawful authority.
The court sought responses from the federation, the ICT administration, and the Attorney General for Pakistan, observing that the matter requires consideration.
The case was adjourned for a later date.
The petitioners contended that the chief commissioner of ICT and the director general of the Excise and Taxation Department lacked the jurisdiction to exercise powers vested in provincial governments under the Motor Vehicles Ordinance, 1965, and the West Pakistan Motor Vehicle Rules, 1969.
Three specific notifications, dated August 2, 2024, July 10, 2025, and July 15, 2025 were challenged as being ultra vires the Constitution and void ab initio.
The petitioners argued that these notifications had not been routed through the federal cabinet, as required under the Supreme Court’s judgement in the Mustafa Impex case, which declared that fiscal or policy decisions must have cabinet approval.
Reliance was also placed on a judgement authored by Justice Babar Sattar in Shehryar Afridi vs Federation of Pakistan, which held that the chief commissioner could not be equated with a “provincial government” under federal statutes.
The petitions further referred to other IHC decisions that underscored the limits of administrative authority in the federal capital.
The APDA also challenged the revised fee structure introduced under the new regime, terming it exorbitant and discriminatory. According to the petition, single-digit registration plates and numbers like “786” are being priced as high as Rs2 million, while motorcycle registration numbers are being charged up to Rs100,000.
Another objection was raised to the decision linking registration numbers to individuals rather than vehicles – a move the petitioners described as “impractical and disruptive,” especially in the context of ownership transfers, resale, and insurance processes.
The petitions argued that the impugned notifications violated fundamental rights guaranteed under Articles 4, 18, 23, 24, and 25 of the Constitution, including the right to equality before law, protection of property, and freedom of trade.
The IHC will resume hearing the matter on a date to be fixed by the registrar’s office.
Copyright Business Recorder, 2025