Key Takeaways
- The Islamabad High Court has issued notices to the Ministry of Communications regarding a petition challenging higher motorway tolls.
- Advocate Mahfouz Bukhari argued that the additional toll is arbitrary and lacks legal justification.
- Chief Justice Sardar Muhammad Sarfaraz Dogar questioned how courts can intervene in government policy decisions.
The Islamabad High Court (IHC) has initiated a process to review a petition challenging the government’s decision to impose a 50 percent higher motorway toll on vehicles with insufficient M-Tag balance. The court issued notices to relevant authorities, including the Ministry of Communications, following a hearing on June 3, 2025.
The petition was filed by the Judicial Activism Panel against the government’s notification, which came into effect on that date. Advocate Mahfouz Bukhari, representing the petitioner, argued during the hearing that the additional toll imposed on vehicles with low M-Tag balance is arbitrary and excessive, lacking legal justification.
In response to Bukhari's arguments, Chief Justice Sardar Muhammad Sarfaraz Dogar observed that the challenged notification appeared to be a government policy decision. He questioned how courts could intervene in such matters, emphasizing the need for judicial review only if policies are unreasonable, discriminatory, or contrary to the law.
Bukhari contended that charging motorists a 50 percent higher toll for insufficient M-Tag balance is disproportionate and lacks a rational basis. He maintained that government policies remain subject to judicial scrutiny in such cases.
The court directed all respondents to submit their replies to the petition, ensuring a thorough examination of the issue. The next hearing is scheduled for an unspecified date, pending the submission of responses from the Ministry of Communications and other authorities.
This development highlights ongoing efforts by legal advocates to challenge government policies and ensure that such measures are in line with the law and reasonable. It also underscores the role of judicial activism in Pakistan’s legal system.
The additional toll imposed on vehicles with low M-Tag balance is arbitrary, excessive and lacks legal justification.
Advocate Mahfouz Bukhari, Petitioner's counsel
