A division bench, comprising Justices Ahmed Ali M Shaikh and Syed Muhammad Farooq Shah, issued this direction on a petition questioning the federal government's policy of issuing special permits to the Arabs for hunting the endangered species.
The two judges wish to go through the federal ministries' documents concerning permission to the foreigners to hunt the endangered birds that are protected under national and international laws.
During Tuesday's hearing, the Sindh wildlife department filed comments, stating that hunting of the endangered species is not permitted in areas declared as 'Wildlife Sanctuaries and National Parks'. Submitting comments in response to the court's order, the department said, however, under Section 16 of Sindh Wildlife Protection Ordinance, 1972, the government may declare any area as Game Reserve, where hunting and shooting of wildlife shall not be allowed except special permits, which may specify the maximum number of animals or birds that may be killed or captured.
The authorities maintained that after the 18th Amendment was passed, the allocation of areas to the Gulf dignitaries was the mandate of the foreign affairs ministry. "Foreign dignitaries, heads of Gulf States and members of royal families are eligible for that permission," they claimed.
They added that the permit stipulates the code of conduct for hunting. No gun is used for hunting as the Arabs use falcons to hunt the houbara bustard, said the officials.
Case history
The petitioners, Lal Khan Chandio and Rahib Kalhoro, had claimed that the federal government had included the houbara bustard in the 'International Union for Conservation of Nature (IUCN)' list since it was under threat of extinction. Its population is decreasing by 30 per cent a year in Pakistan alone, they added.
They said that the bird was declared endangered in 1912 and a permanent ban on its hunting was placed in 1971. Although a ban already existed, another ban was imposed on its hunting in 1992, albeit with the provision of a special temporary license for Arab royals.
They alleged that the local influential persons, in collusion with the officials, allowed hunting to the Arab dignitaries, who pay huge money in return. They had pleaded the court declare the issuance of special permits to the Arab dignitaries illegal and order the suspension of the same.
Published in The Express Tribune, December 3rd, 2014.
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