The Islamabad High Court (IHC) has sought responses from the Ministry of Communications and other relevant authorities on a petition challenging the government’s decision to impose a 50 percent higher motorway toll on vehicles with insufficient M-Tag balance. The case questions the legality and fairness of the policy introduced through a government notification.
Chief Justice Sardar Muhammad Sarfaraz Dogar issued notices to the respondents while hearing a petition filed by the Judicial Activism Panel. The petition challenges the June 3, 2025 notification under which motorists with low M-Tag balances are required to pay an additional 50 percent toll.
During the hearing, counsel for the petitioner, Advocate Mahfouz Bukhari, argued that the higher toll was arbitrary, excessive and lacked legal justification. He maintained that imposing an additional financial burden on motorists for insufficient M-Tag balance was unreasonable and not supported by law.
The chief justice observed that the notification appeared to be a government policy decision and questioned how the court could interfere in such matters. He noted that policy decisions generally fall within the executive’s domain unless there are valid legal grounds for judicial intervention.
In response, the petitioner’s lawyer argued that government policies are still subject to judicial review if they are found to be unreasonable, discriminatory or inconsistent with the law. He contended that charging motorists 50 percent more for having a low M-Tag balance was disproportionate and lacked a rational basis.
The petition further argued that the policy unfairly penalizes road users instead of providing a reasonable mechanism for recharging M-Tag accounts. It urged the court to examine whether the notification complies with constitutional and legal principles.
After hearing the initial arguments, the Islamabad High Court issued notices to the Ministry of Communications and other respondents, directing them to submit their replies. The court will continue hearing the matter after receiving responses from the concerned authorities.
The outcome of the case could have significant implications for motorists using Pakistan’s motorway network, particularly those who rely on M-Tag services for electronic toll payments.
