ISLAMABAD - The Islamabad High Court (IHC) was Friday informed that two brown bears of Islamabad’s Marghzar Zoo would be shifted to a sanctuary abroad after the lone elephant Kaavan’s departure to Cambodia.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing in a case related to implementation of the court’s verdict on shifting of all animals at the Marghazar zoo to suitable sanctuaries.
During the hearing, animal expert Egyptian veterinarian Dr Amir Khalil and German expert Frank Gortz, who came in Pakistan to transfer Kaavan, appeared before the court. They informed the court that the pair of bears would be shifted to Jordan on December 6, after the lone elephant Kaavan’s departure to a Cambodian sanctuary on November 29.
They also explained in detail the arrangements made regarding the relocation of Kaavan to the elephant sanctuary in Cambodia. They briefed the court about the travel arrangements relating to the two Himalayan brown bears.
Justice Athar noted in his order that Kaavan is not just a living being gifted with “life”, he now also represents the jurisprudence laid down by this Court in the judgments dated 21.05.2020 and 18.07.2020, passed in the case titled “Islamabad Wildlife Management Board through its Chairman v. Metropolitan Corporation Islamabad through its Mayor and others.
He added, “The jurisprudence has been endorsed and acted upon by the Government of Pakistan. This Court has been informed that the President of Pakistan, DrArif Alvi, had visited Kaavan to bid him farewell because he is scheduled to travel to Cambodia on November 29, 2020.”
The court stated that the worthy President is reported to have said that the jurisprudence of this Court was in line with the Islamic traditions of caring for animals and keeping them in an environment best suited to them. It further said, “He had rightly appreciated the jurisprudence of this Court by acknowledging that separating young animals from their mothers was a major cause of emotional distress.
The IHC bench observed that “Kaavan” and the two brown bears were definitely exposed to unimaginable pain and suffering because they were not created to be caged at the Islamabad Marghazar Zoo or, for that matter, subjected to any other form of confinement. They should never have been deprived of their natural habitats.
“Captivity, even in the most adequately equipped zoo and regardless of the quality of care, is certainly not a substitute for living beings to live in their respective natural habitats. Keeping them caged is unnatural, against the scheme of nature and violates their natural rights because only a natural habitat can provide for the behavioural, social and physiological needs of a particular animal species,” maintained the bench.
Justice Athar stated that Kaavan could have been taken care of in Pakistan but this is not his natural habitat. Kaavan belongs to his natural habitat, the home created for his species by nature. His relocation is symbolic. It is a message for the human race that it is not humane to deprive animal species of their respective natural habitats.
“It is a declaration that protecting animal species in their respective natural habitats amounts to preventing the extinction of the human species on this planet. Kaavan has become a torch bearer for the jurisprudence of this Court and an example of the will and resolve of the people of Pakistan, represented by their Government, that it is not natural to deprive animal species from enjoying life in their natural habitats. Kaavan has become a symbol for the display of empathy and the need for humans to acknowledge that sentient animal species have natural rights and that they cannot be subjected to unnecessary pain and suffering. Kaavan has indeed become a beacon for the recognition of animal rights throughout the globe. In a nut shell, Kaavan is a symbol of hope for other animal species who are in distress and subjected to pain and suffering because of the misconceived display of power by the human species,” said the court order.
Lauding the efforts of the activists, the court observed that Kaavan and other animals at the Marghazar Zoo would have continued to suffer unimaginable pain and suffering had it not been for the passion of thousands of caring human beings from across the globe, including celebrities such as Cher. This Court records its profound appreciation for the care and love displayed by Dr Amir Khalil, the amicus curiae, who is reported to have compensated Kaavan for part of his pain and suffering.
Justice Athar also appreciated their efforts saying that the people of Pakistan and this Court appreciates the assistance of “Four Paws,” the organisation that Dr Amir Khalil represents, in enabling Kaavan to become a symbol of jurisprudence for others to follow. Dr Anis-ur-Rehman, his team, the President of Pakistan and Special Assistant to the Prime Minister on Climate Change and other public holders of his Ministry have established that the Government of Pakistan has the will to discharge its fiduciary duty to protect nature and to respect the rights of animal species, particularly the right to live in their respective natural habitats.
He further said that this court whishes Kaavan bon voyage and expects that others will safeguard the human race from harm by seeking guidance from his example. It appears that the retirement of Kaavan would be a happy ending to the agony and loneliness suffered for thirty five years. The valuable assistance extended by the young counsels throughout these proceedings cannot go unnoticed.
He continued that this court expects that a report regarding the relocation of Kaavan and the two Himalayan brown bears would be submitted on the next date fixed on December 21.
On this occasion, Dr Khalil invited the Chief Justice to attend a ceremony to be held on November 29 to bid adieu to the pachyderm. However, Justice Athar declined the invitation saying that a judge’s duty is to hand down a judgment which the court had already done in the case at hand.