SHC cuts down ‘unfair’ hunting fine by Rs20,000

Petitioner said he had a licence to hunt and was detained illegally.

KARACHI: The Sindh High Court (SHC) on Thursday reduced the fine imposed on a wildlife hunter by Rs20,000, directing conservator of Sindh Wildlife Department to refund the excessive amount that the department had collected from a person accused of hunting in a ‘closed’ area.

A division bench comprising Chief Justice Sarmad Jalal Osmany and Justice Munib Akhtar passed an order on the letter sent by Lt (rtd) Ziaur Rehman Khan, which was later converted into a constitutional petition through an order passed by SHC chief justice on December 23, 2010.

Khan said he was on the Super Highway near the Dadabhoy cement factory on December 5, 2010, when some armed personnel seized his licenced shotgun and took him to Nooriabad police station. Later, Inspector Asad of the Sindh Wildlife Department imposed a fine of Rs25,000 on the petitioner, for hunting in an area which was closed for hunting.

The petitioner stated he possessed a valid hunting permit, which was issued by the wildlife department on November 6, 1999. Despite this, he was illegally detained by the officials. He said he had approached Abdul Jabbar Kazi, who was then wildlife department conservator, and Kazi had declared the imposition of fine as unjustified and had promised to refund the money collected by the officials. However, Kazi was later removed from office.

Khan contended that no action was taken against the officials, who he claimed were responsible for abusing their powers. He appealed to the court to punish the officials.

On Thursday, Dr Fehmida Firdous, wildlife department conservator, submitted that four accused, including Lt (rtd) Ziaur Rehman, Haji Sodho, Rafique and Gulab, were found guilty of illegally hunting in a closed area. They were fined for violating the wildlife laws, she said. Officials also registered a case under Sections 7 (I and II), 10, 17, 33(a) under the Sindh Wildlife Protection Ordinance, 1972.

After hearing both counsels, the SHC division bench ordered: “ ... compensation imposed upon petitioner in sum of Rs 25,000 under Section 33, Sindh Wildlife Protection Ordinance is reduced to Rs 5,000. The department shall refund an amount of Rs 20,000 to the petitioner forthwith. A copy of this order shall be sent to Acting Conservator, Sindh Wildlife Department, for compliance.”

Published in The Express Tribune, January 7^th, 2011.