ISLAMABAD: Islamabad High Court (IHC) on Friday questioned the powers of Capital Development Authority (CDA) to establish a zoo since its statute does not authorise it to manage affairs of such a facility.

Hearing a case related to an Asian black bear rescued by the wildlife officials from the custody of a citizen and later shifted to Marghazar Zoo, IHC Chief Justice Athar Minallah directed handing over of the animal to Balkasar Bear Sanctuary until a decision on the case.

The Islamabad Wildlife Management Board (IWMB) had filed a petition seeking custody of the bear after the Metropolitan Corporation Islamabad (MCI) turned down its request.

Chief justice questions CDA’s powers to establish and manage zoo

The counsel for the petitioner maintained that the bear was required to be set free in the ‘Bear Rescue Centre’ as keeping it in the zoo was in violation of Islamabad Wildlife (Protection Preservation and Management) Ordinance 1979 and tantamount to an offence under the Prevention of Cruelty to Animals Act 1890.

On Thursday, Justice Minallah had issued notices to the MCI and the Islamabad zoo director with a direction to appear before the court on Friday.

The court had asked the director zoo to explain as to whether keeping the bear in the zoo was not in violation of the Islamabad Wildlife (Protection, Preservation and Management) Ordinance 1979 and Prevention of Cruelty to Animal Act 1890.

On Friday, Director Zoo Rana Tahir Hussain appeared before the court and said the bear was being kept in the zoo temporarily.

However, IWMB contended that neither the CDA nor MCI were vested with the jurisdiction or power to manage affairs of a zoo under the Capital Development Authority Ordinance 1960 and the Islamabad Capital Territory Local Government Act 2015.

He referred to Clause 1 of Rule 3 of Islamabad Wildlife (Protection, Preservation and Management) Rule 1986 framed under section 41 of the said ordinance.

Justice Minallah observed that “the question regarding establishing and managing a zoo within the Islamabad Capital Territory requires consideration.”

Subsequently, the court declared that “the instant petition is, therefore, admitted to regular hearing.”

The court directed the MCI and CDA to “explain in their written comments whether the present zoo meets the standards for keeping animals.”

The court noted that if the conditions at the zoo are not in accordance with the prescribed standards, then are the provisions of Prevention of Cruelty to Animals Act 1890 applied here.

The court put off further hearing of the matter till April 18 and noted that “in the meanwhile the rescued bear is directed to be handed over to the petitioner board so that it can be kept at the Balkasar Bear Sanctuary till the next date is fixed”.

The court directed the director zoo to submit a compliance report on the handing over of the animal to the sanctuary by Friday evening.

The black bear is an endangered animal. It is only six months old and was brought to Islamabad from Swat forests where a small number of Asiatic bears are found.

The wildlife department captured the poacher on a tip off during a raid on his house in E-11 on March 19.

According to the owner, he had bought the bear for Rs500,000.

Bear baiting or bear-dog fighting is banned according to Section 5 and Section 9 of the Islamabad Wildlife Ordinance, but bears are captured and then sold as the game is popular in remote villages and tribal areas of the country.

Published in Dawn, March 30th, 2019