LAHORE: The Lahore High Court (LHC) has issued a significant judgment in a case arising from the operation of a passenger bus without a Public Service Vehicle licence and a resulting fatal accident.
The court held that driving a passenger bus without a valid licence is tantamount to endangering public lives, and that where an accident results from such driving, the offence of qatl-bis-sabab under Section 322 may be attracted.
Justice Tanvir Ahmed Sheikh dismissed the post-arrest bail petition of the accused, Riaz Hussain, holding that the mere possibility of a sentence of diyat does not by itself entitle an accused to bail. According to the court, qatl-bis-sabab under Section 322 is a non-bailable offence.
In a seven-page judgment, the court clarified that where an accident occurs as a result of driving without a licence or in an otherwise unlawful manner, Section 322 may apply. By contrast, where a driver holding a lawful licence causes an accident through negligence or carelessness, the matter falls within the category of qatl-bis-khata.
The ruling was issued in a case concerning a collision between a bus and a motorcycle in Shujaabad in which four young men were killed. According to the court, one of the young men who died in the accident was due to be married the very next day.
The court further noted that while the accused held an HTV licence, he did not possess the licence required to operate a public service vehicle. In the FIR registered at Police Station Saddar Shujaabad on November 15, 2025, the accused was subsequently nominated through a supplementary statement, and during investigation he was established to be the driver of the bus.
The judgment also referred to the Supreme Court’s decision in Majid Nadeem v. The State. The court held that an accused cannot be given an undue benefit on the basis of delay in the initial investigation, and that no concession can be extended in a matter involving driving with gross negligence and recklessness.
The Lahore High Court held that driving without a valid licence is an unlawful act, and that where loss of life results, the relevant legal provisions will apply. The court clarified, however, that all observations made in the judgment are tentative in nature and will not influence the trial court.
The distinction the judgment draws is significant in practical terms. Pakistan’s homicide framework under the Pakistan Penal Code separates culpable killing into graded categories, with qatl-bis-sabab — causing death by an unlawful act not intended to cause death — carrying different consequences from qatl-bis-khata, or killing by mistake. The bail consequences flowing from that classification are what the petitioner sought to contest.
Licensing categories in Pakistan distinguish between heavy transport vehicle authorisation and the separate endorsement required to carry fare-paying passengers. The public service vehicle requirement exists precisely because passenger carriage imposes a higher duty of care, and the judgment treats the absence of that endorsement as an unlawful act rather than a technical lapse.
Road traffic fatalities remain among the leading causes of preventable death in the country, with intercity passenger transport and motorcycles accounting for a disproportionate share of casualties.
–Reported by Malik Ashraf
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