KARACHI: The Sindh High Court on Friday declared illegal the special permits issued to royal family members of the Gulf states for hunting the internationally protected houbara bustard.

After hearing arguments from both sides, a two-judge bench headed by Justice Sajjad Ali Shah allowed a petition that challenged the issuance of the special permits.

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

The petitioners 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.

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They said it was not the first time that the government had issued the special permits as 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 submitted that 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.

Also read: 29 permits issued to Gulf states royal families for houbara bustard hunting

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

He argued that 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 the rare species and national laws also banned houbara bustard hunting, yet special permits were issued to foreigners in violation of the local laws and international commitments, he added.

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

The counsel further submitted 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 continued unabated.

The petitioners’ lawyer asked the court to direct the federal government to cancel all the permits.

The deputy attorney general submitted 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 through special permits, which might specify maximum number of animals or birds allowed to be killed or captured.

The federal law officer argued that the SHC judgement regarding hunting of endangered wildlife passed in 1993, which the counsel for the petitioners was 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, January 3rd, 2015

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