A Division Bench of BHC comprising of Justice Jamal Khan Mandokhail and Justice Muhammad Ejaz Swati on Friday directed the provincial government to ensure the protection, preservation and conservation of the endangered species.
Separate petitions had been filed by former Speaker Balochistan Assembly Mohammed Aslam Bhootani and Malik Mohammed Saleem against the state for allocating hunting areas.
The court asked the Secretary Wildlife Department, Balochistan to submit a report, showing measures taken in this regard at the next hearing.
The foreign office had earlier allocated certain areas of Balochistan, including District Zhob, Ormara and Pasni, Disrict Gawadar, District Kharan (excluding Nag Dera breeding area), District Panjgur, District Washuk, District Khuzdar, District Lasbela, Tehsil Lehri of District Sibi, old Katchi and Sani Shoran of District Bolan, District Kila Saifullah, including Kar Khurassan (less sub-Division Muslim Bagh) and Samungali, to the dignitaries of the United Arab Emirates (UAE) for hunting of Houbara Bustards in 2013-2014.
Counsel for the petitioners contended before the court that the Houbara Bustard is included in the list of the endangered species prepared by the International Union for Conservation of Nature (IUCN), therefore, its hunting is prohibited under Pakistani law.
Additional Advocate General said that under Balochistan’s Wildlife protection, preservation, conservation and management Act 2014, wildlife animals are protected, preserved, conserved and managed by the Balochistan government. However, he lamented that every year the ministry of foreign affairs allots the area to the Arab dignitaries for hunting the Houbara Bustards and the provincial government honours this decision.
Noting that Pakistan is also a signatory to the convention on the Conservation of Migrating Species of Wildlife Animals, the court said that “Despite being the signatory to the International Treaty, the Ministry of Foreign Affairs permitted hunting, which is in violation of the terms of the agreement, hence the allotment orders are illegal.”
The court observed that issuing of license to foreigners for hunting protected and endangered species amounts to a compromise of sovereignty, particularly in the context of the security environment of the country. As a result, current and potential values of vulnerable species are being eroding to the disadvantage of present and future generations.
“Deviation from law by permitting hunting on the pretext that the Arab dignitaries are participating in the welfare projects in the allotted areas, is no excuse,” the BHC noted.
The court added that it was the responsibility of the federal as well as the provincial government to protect and preserve the endangered species, instead of issuing licenses or allotting area for hunting the Houbara Bustard.
It further added that the federal government did not take into account Section 9 of the Balochistan (Wildlife protection, preservation, conservation and management) Act 2014, which states that “all wildlife animals free ranging or captive, tamed or untamed found within the territorial jurisdiction of the province shall be deemed to be the property of government.”
The division bench said that the federal government has no authority to allot any area of a province for hunting, nor can it issue any license for hunting wildlife belonging to a province.
It termed Mofa’s notification illegal and having no binding effect upon the government of Balochistan since it lacked jurisdiction.
Copies of the order were dispatched to the foreign ministry, interior ministry, Chief Secretary Balochistan and the Secretary Wildlife Balochistan for compliance.
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What right does the MOFA have to issue hunting licenses/permits in Balochistan or any other area of Pakistan or designate any area as such ?
@Hari Om: Why you poke your ugly nose in the internal problems of a sovereign country, please dont spread hate and mind your own business.
@Hari Om: First, You comment is biased, unfair and contrary to ground realities (Typical as usual). Baluchistan is at unrest because of indian sponsored terrorism. We are committed to eliminate it fully and i am sure this will not make you happy.
@Hari Om,
Worry about your India first, OK. Don't spread your hatred here, your India has more than 3 dozen insurgencies, try to fix those first.
Colonial like exploitation of Baloch natural resources of oil, gas and now endangered birdlife by Punjab dominated deep state cannot be permitted to go on. The 700,000 Punjabi dominated occupation forces will not succeed in dousing the demand for an end to Punjab’s economic exploitation of Baluchistan as was the case in the erstwhile East Pakistan which forms todays Bangladesh. Excesses committed by Punjab dominated security forces targeting Balochi origin people such as extra judicial executions, sponsoring death squad militia’s, enforced disappearances, torture, custodial rape to foster a compliant Baloch mindset will be resisted.
India must provide fullest diplomatic and moral support to the Baloch struggle to prevent Punjabi exploitation of natural and human resources. Indian Consulates in Iran and Afghanistan must provide all necessary help to Baluch opposing Punjabi hegemony.
Atlast someone has awoken to stop this mischief that MOFA does every year