Open transfer letter doesn’t amount to vehicle ownership: SC

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Supreme Court of Pakistan

Khudayar Mohla –

ISLAMABAD, (TLTP): While issuing written order in a matter relating to registration of vehicle used in commissioning offence on Friday, the top court directed to all provincial governments and chief commissioner Islamabad to ensure that no vehicle ownership is transferred during pendency of trial in subordinate court.

Setting a precedent, a three-judge bench led by Justice Manzoor Ahmad Malik, comprising Justice Sardar Tariq Masood and Justice Syed Mansoor Ali Shah pronounced the reserved verdict over a criminal petition while upholding Lahore High Court (LHC) decision that turned down custody (superdari) of a vehicle, used in crime during 2015, on the grounds that an open transfer letter does not amount to ownership of a vehicle.

Supreme Court also issued directives to all provincial governments as well as Islamabad Capital Territory (ICT) to consider amendment in Motor Vehicle Ordinance and its Rules in order to prevent registration of vehicles involved in the commission of crime.

“The provincial governments and the ICT may consider that the Motor Registration Authority and the Police develop an online verification system to identify vehicles involved in the commission of crime.

The transferor/transferee at the time of registration of the vehicle may be required to obtain a No Objection Certificate from the Police or to submit an Affidavit to the effect that the vehicle is not involved in any criminal case”, said in the order.

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