Houbara bustard case: SC bench dissolved as Justice Mandokhail recuses himself

ISLAMABAD:

The constitutional bench of the Supreme Court hearing a case regarding the hunting of the endangered houbara bustard was dissolved on Tuesday after one of the judges, Justice Jamal Mandokhel, recused himself from the case.

Justice Mandokhel stated that he had previously heard a related case regarding the hunting of the houbara bustard in the Balochistan High Court, leading to his decision to step down from the bench.

During the proceedings, Additional Attorney General (AAG) Amir Rehman argued that the hunting of the houbara bustard was similar to the officially permitted hunting of the Markhor (Ibex).

Rehman referred to Markhor hunting as “trophy hunting,” a practice where hunting is allowed for specific animals under regulated conditions.

However, Justice Mandokhel differentiated between Houbara bustard hunting and Ibex trophy hunting, pointing out that the two practices are distinct.

"There is a difference between the hunting of Houbara bustards and the trophy hunting of Ibex," he stated.

Justice Musarat Hilali also added that Houbara bustards are migratory birds, further highlighting the difference in their classification.

In a separate matter, the Constitutional Bench postponed the hearing of the case related to appointments in the higher judiciary of Gilgit-Baltistan.

Former Justice Qazi Faez Isa of the Supreme Court had also raised serious concerns in a dissent note regarding the majority decision that overturned the 2015 ban on hunting Houbara bustar

The case was deferred at the request of the petitioner’s lawyer, Makhdoom Ali Khan, who cited personal circumstances and logistical challenges in traveling to Islamabad.

Khan requested a future date to present his arguments in person, as he believed that presenting the case via video link would not be feasible.

The hearing has been rescheduled for the upcoming week.

Previously, Sindh Wildlife Department lifted the four-month ban on hunting, allowing the hunting season to commence from November 3 and continue until February 28, 2025, Express News reported.

Under the new regulations, hunting can only occur on Saturdays and Sundays using approved shotguns, while adhering to designated hunting zones.

The hunting season will officially begin on November 3, 2024, and end at sunset on February 28, 2025.

During this period, hunters must comply with the established regulations regarding approved shotguns.