KARACHI: The Sindh High Court on Friday adjourned the hearing of a petition challenging the legality of special permits issued to royal family members of Gulf states for hunting the internationally protected houbara bustard after it was told that the federal government wanted a larger bench to decide the case.

A two-judge bench headed by Justice Sajjad Ali Shah put off the matter to Dec 31 after the deputy attorney general requested the court to grant him time for filing an application for the constitution of the larger bench.

The petition was filed by Lal Khan Chandio and Rahib Kalhoro, who impleaded the foreign affairs secretary, interior secretary, Sindh chief secretary, forest secretary, wildlife chief conservator and other officials as respondents.

The petitioners represented by Advocate Mureed Ali Shah submitted that the federal government had issued permits to various Arab dignitaries for hunting the endangered species, locally known as Tiloor, in violation of the international laws.

They said this was not the first time that the government had issued the permits but this illegal act was being perpetuated for many years.

The counsel for the petitioners told the judges that apart from the foreign dignitaries, local influential persons were also involved in hunting in collusion with the provincial authorities.

He said the influential locals along with dignitaries of a Gulf state were hunting the protected species, including houbara bustard, ibex, markhor, chinkara, etc, on areas stretching thousands of acres.

The counsel said that the land owners and their workers were not being allowed to enter their fields and look after their crops and livestock.

He said houbara bustard was listed as vulnerable by the International Union for Conservation of Nature and feared to be decreasing by 30 per cent a year in Pakistan. The country was a signatory to various international nature conservation agreements that called for protection of rare species and national laws also banned houbara bustard hunting, yet special permits were issued to foreigners in violation of local laws and international commitments, he added.

He said this bird was declared to be among endangered species in 1912 and a permanent ban on its hunting was placed in 1971.

The counsel said that while a ban already existed, another ban was imposed on hunting in 1992, albeit with a provision of special temporary permit for Arab royals.

However, he said, the provision was also struck down by the court when it was approached but the practice of hunting was still on unabated.

On Friday, the deputy attorney general told the judges that hunting of the endangered wildlife was not permitted in the areas declared ‘Wildlife Sanctuaries’ and ‘National Parks’.

However, he explained, under Section 16 of the Sindh Wildlife Protection Ordinance, 1972, the government could declare any area as game reserve where hunting and shooting of wildlife would not be allowed except special permits which might specify maximum number of animals or birds allowed to be killed or captured.

The federal law officer said the SHC judgement regarding hunting of endangered wildlife passed in 1993, which the counsel for the petitioners were relying on, was against the standpoint of the federal government as certain provisions including Section 16, which allowed the government to issue permits, were not discussed.

Published in Dawn, December 27th, 2014

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