Laws not a saleable commodity: SC

Rules against hunting of houbara bustard

ISLAMABAD:

The Supreme Court on Tuesday while delivering a detailed judgment against the hunting of houbara bustard, said no government, federal or provincial, can grant licences or permits to hunt the indigenous bird, reminding authorities that the laws of Pakistan are not a saleable commodity.

A three-member bench headed by Chief Justice Jawwad S Khawaja issued the detailed judgment on hunting of houbara bustard, a rare bird that has been on the list of threatened species, and directed the federal government to fulfill its international obligations, recognized by Pakistani law.



The court struck down the notification of Sindh Wildlife Protection Ordinance, declaring it ultra vires and said “The Federal Government is directed to ensure that its obligations under the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) and the Convention on Migratory Species of Wild Animals (CMS), recognized by Pakistani law, are fulfilled and issue requisite directions to the Provinces in this regard in terms of Article 149 (1) of the Constitution.”

The provinces were directed “to amend their respective wildlife laws to make them compliant with CITES and CMS and not to permit the hunting of any species which is either threatened with extinction or categorized as vulnerable.”

While giving reasons for its short order, the court said that Pakistan became a signatory to CITES 39 years ago and CMS 28 years ago and these conventions are specifically mentioned in our laws, but the Government of Pakistan and the provinces obstinately persist in the non-observance thereof.

“Instead we are told that foreign dignitaries who hunt the houbara bustard bring money and spread their largesse by establishing schools, mosques, dispensaries, et cetera.” The court further stated that “This contention of the Governments is lamentable. The laws of Pakistan, of the provinces and Pakistan’s international treaty obligations are not saleable commodities, and in contending as much the governments debase, degrade and demean the citizens. If we do not abide by and respect our own laws and sovereignty can we expect foreigners to do so?”

The contention that the houbara bustard is a natural prey of falcons is incorrect since scientific papers examined by us state that falcons are in fact trained to hunt the bird. It is unfortunate that without ascertaining facts such an incorrect statement was made in writing by the Government, the judgment said.

The judgment cited several verses from the Quran, mentioned scientific research saying it has now been scientifically established that if the earth becomes bereft of birds, animals, insects, trees, plants, clean rivers, unpolluted air, soil it will be the precursor of our destruction/extinction.

“Unfortunately, the governments continued to demonstrate their contempt of the law, and of their international obligations, despite the clear pronouncement of the law by the High Court,” the order said.

Published in The Express Tribune, September 9^th,  2015.