Islamabad High Court Seeks Response on Motorway Toll Hike Petition
The Islamabad High Court has issued notices to the Ministry of Communications and other respondents concerning a petition that challenges a recent 50% increase in motorway tolls for vehicles with insufficient M-Tag balances. Chief Justice Sardar Muhammad Sarfaraz Dogar presided over the hearing for the petition, which was filed by the Judicial Activism Panel. The notification imposing the higher toll was dated June 3, 2025. The petitioner's counsel, Mahfouz Bukhari, argued that the decision is arbitrary, excessive, and lacks legal justification. While the Chief Justice initially questioned the court's ability to intervene in government policy, the petitioner's counsel asserted that policy decisions are subject to judicial review if they are deemed unreasonable, discriminatory, or unlawful. The argument was made that the increased toll for motorists with low M-Tag balances is disproportionate and lacks a rational basis. The court has directed the respondents to submit their replies to the petition.
This legal challenge highlights a common tension between administrative efficiency and consumer protection. The implementation of a higher toll for insufficient M-Tag balances, while potentially aimed at encouraging proper account management and reducing transaction friction, raises questions about proportionality and fairness. The court's engagement suggests a scrutiny of whether such a policy measure, even if framed as operational, adheres to principles of reasonableness and non-discrimination. Future policy design in digital payment systems, especially those involving public services, may need to balance enforcement mechanisms with accessible and equitable user experiences, considering potential impacts on a wide range of users and the broader implications for public trust in digital infrastructure.
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