The Balochistan High Court (BHC) on Friday shot down the ‘illegal’ orders of the Ministry of Foreign Affairs allocating certain areas of the province to Arab royals for the hunting of houbara bustards.
A division bench of the BHC, comprising Justice Jamal Khan Mandokhail and Justice Muhammad Ejaz Swati, directed the provincial government to ensure the protection, preservation and conservation of the endangered species.
The bench was hearing separate petitions filed by Balochistan Assembly’s former speaker Muhammad Aslam Bhootani and Malik Muhammad Saleem seeking a court direction to the government to protect houbara bustards and stop its hunting. The court directed the provincial wildlife department’s secretary to submit a report, showing measures taken in this regard, on the next date of hearing.
The foreign ministry has allocated certain areas of Balochistan, including Zhob, Ormara, Pasni, Gwadar, Kharan (excluding Nag Dera breeding area), Panjgur, Washuk, Khuzdar, Lasbela, Lehri tehsil of Sibi, old Katchi and Sani Shoran areas of Bolan, Kila Saifullah, including Kar Khurassan (less sub-Division Muslim Bagh) and Samungali, for the dignitaries of the United Arab Emirates for hunting of houbara bustards during 2013-2014.
A copy of the order has been sent to the foreign ministry, interior ministry, provincial chief secretary and wildlife secretary for compliance.
The counsel for one of the petitioners contended that houbara bustard has been put on the list of endangered species by the International Union for Conservation of Nature (IUCN), therefore, its hunting is prohibited.
The additional advocate general said pursuant to the Act, wildlife animals are protected, preserved, conserved and managed by the Balochistan government, but the foreign ministry allots the area to the Arab dignitaries for hunting of houbara bustards every year and the provincial government honours the decision.
The court said issuance of licences to foreigners for hunting a protected and endangered species amounts to compromising sovereignty, particularly in the context of security environment in the country.
“Deviation from the law by permitting hunting on the pretext that the Arab dignitaries are participating in welfare projects in the allotted areas, is no excuse,” the bench observed.
Pakistan is also a signatory to the Convention on the Conservation of Migrating Species of Wildlife Animals.
“Despite being a signatory to the international treaty, the ministry permitted hunting, which is in violation of the terms of the agreement, hence the allotment orders are illegal,” the court maintained.
Published in The Express Tribune, November 29th, 2014.
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