ISLAMABAD: A judge of the Supreme Court wondered on Thursday why the federal government was interested in issuing permits to hunt down the vulnerable migratory bird houbara bustard.

“Houbara bustard is not a natural resource but a life,” Justice Qazi Faez Isa observed.

A three-judge bench headed by Chief Justice Anwar Zaheer Jamali had taken up petitions moved by the federal and Sindh and Balochistan governments seeking review of Supreme Court’s Aug 19 order banning the hunting of houbara bustard by foreign dignitaries.

Justice Isa made the observation when Additional Attorney General Aamir Rehman cited reports of the World Wildlife Fund (WWF) as well as the Houbara Foundation International, Pakistan, to explain that population of the migratory bird had been stabilised and revived over the past two decades because of effective measures taken by the government.

Mr Rehman said it was internationally recognised that conservation and preservation of the migratory bird could not succeed without controlled hunting that also discouraged poaching. He said the WWF had in its reports also praised the government’s efforts to ban hunting of the bird in the past.

“WWF has appreciated the ban — an appreciation which the government of Pakistan no longer desires,” Justice Isa quipped.

Mr Rehman argued that falconry, to hunt houbara bustard, was not merely a sport for the Arabs but their most cherished custom which was also recognised as intangible cultural heritage by Unesco for Saudi Arabia, the UAE and Qatar.

“If it is their (Arabs) culture or custom, why they don’t practice it in their own country,” asked Justice Isa. He asked the counsel to point out the errors which according to the federal government’s petition was floating on the surface of the judgment.

Mr Rehman said the apex court through its judgment had declared redundant and ultra vires the Balochistan Wildlife Act – a law which was not even under challenge before the court. He regretted that the apex court had issued the verdict without even calling the WWF to hear its opinion on the matter.

The chief justice observed that the counsel was arguing half-heartedly that there should not be a complete ban on the hunting of the bird though there should be some restriction.

Justice Sheikh Azmat Saeed repeatedly asked the counsel to present some scientific data or material to substantiate that population of the bird had been increased and said that mere citing of an isolated sentence from the WWF or the houbara foundation would not suffice. “Aamir Rehman you have come empty handed before us,” the judge said.

NAEK’S PLEA: The court turned down a request by senior counsel Farooq H. Naek to represent the Sindh government in the case and asked the province’s Additional Advocate General, Shahyar Qazi, to assist the court in the matter.

Mr Naek wanted to plead Sindh’s case because the matter involves interpretation of international laws and analysis of international treaties whose non-implementation may entail serious repercussions for Pakistan. Besides, he was asked by the provincial government to follow the line of arguments, instead of the Sindh AAG.

Additional Advocate General of Balochistan Ayaz Khan Swati informed the court that its office was yet to entertain the review petition moved by the provincial government.

Same was the case with Mir Abdul Karim Nausherwani, a member of the Balochistan Assembly who had also filed a similar petition.

The court ordered the office to formally entertain the petitions, but said that their maintainability would be determined when the case would be taken up.

The court adjourned the hearing without assigning any fixed date.

Published in Dawn, November 13th, 2015