ISLAMABAD - A five-member bench of apex court in a mode to allow hunting of protected bird – houbara bustard – yesterday said when domestic laws permit then how absolute ban was imposed on its hunting.
A three-judge bench headed by Chief Justice Jawwad S Khawaja on August 19, 2015 had struck down the notification issued by the Foreign Office for issuance of licence for hunting or poaching of houbara bustard. It had also declared the Sindh Wildlife Protection Ordinance ultra vires. The judgment said neither the federation nor a province can grant license/permit to hunt the protected birds.
Justice Saqib Nisar, who prima facie seemed to be in support of houbara’s hunting, stated: “When the domestic laws allow the bird’s hunting then under which jurisdiction the ban was imposed. He said there are no more kings and sultans courts. “That era is over and now the courts are under the constitution and the law,” he added.
From the Thursday’s proceeding it appeared that majority of the five-judge bench – Chief Justice Anwar Zaheer Jamali, Justice Mian Saqib Nisar, Justice Hameed-ur-Rehman, Justice Umar Atta Bandial and Justice Qazi Faez Isa – wanted to allow houbara hunting while Justice Qazi opposed the endangered species’ hunting.
Punjab, Sindh and the Balochistan chief law officers argued the laws of their provinces allow conditional hunting of houbara bustard for that there is code of conduct. The Sindh Wildlife Protection Ordinance 1972, Balochistan Wildlife (Protection, Preservation, Conservation and Management) Act 2014 and Punjab Wildlife (Protection, Preservation, Conservation and Management) Act 1974 permit limited hunting, they told.
Attorney General Salman pleaded the federal government respect and abides by the international conventions and treaties. He requested the bench to allow the sustainable hunting of houbara bustard in accordance with the law.
The bench was hearing the review petitions of Federation, Sindh, Balochistan and Punjab. Strangely it also allowed petitions filed under Article 184(3) of Constitution in the case. These were not before the Balochistan High Court and the appeal against the BHC before the apex court. The lawyers have opinion that according to Supreme Court rules in review petition the applications under public interest could not be heard, which are not in original case.
Advocate Farooq H Naek, representing the Sindh, said houbara is not an endangered species, adding the international treaties also do not put absolute ban of its hunting.
The International Union of the Conservation of Nature (IUCN) estimates the global population of houbara bustard is between 50,000 and 100,000 and includes it on its red list of threatened species. But the Punjab government report says houbara bustard population that was 1356 in 2009 has increased to 3185 in 2015 in the province.
Naek said houbara, which is a migratory bird, comes from Serbia and Kazikstan, adding Pakistan does not have any agreement with these countries not to go for its hunting. He said houbara hunting is allowed in Iran, India, Egypt and other countries, and added India under a conspiracy does not want its hunting in Pakistan so that Arab royals go there. Justice Saqib supporting his argument said India does not want that Pakistan is benefited.
Justice Qazi remarked houbara in India is indigenous and not migratory. He asked from Naek that he should not pass such statement when he does not have documents in its support. He said if the federal and provincial governments wanted to allow its hunting then the licences should also be issued to Pakistanis.
He inquired from the counsel of the Sindh government that if the last bird (houbara) is left [in Pakistan] then what it shall offer [to the dignitaries from Gulf countries]. He said the laws should not be meaningless.
Naek said there is a monitoring system to check houbara population. Ali Zafar, representing 12 parliamentarians from D G Khan, D I Khan and Khanpur that if the limited hunting of houbara is not allowed then its poaching would increase.
As the court time was over, therefore, the chief justice asked Zafar to continue his argument tomorrow and adjourned the case till today.