ISLAMABAD: In light of a consensus on the removal of hazardous paper mulberry trees from F-9 Fatima Jinnah Park, the Supreme Court on Wednesday withdrew its order stopping the civic authorities from tree-cutting in the park.

A three-member bench led by Chief Justice Qazi Faez Isa, however, told the Capital Development Authority (CDA) to remove further trees in line with the guidelines provided by forest experts, whose assistance was sought at the previous hearing. The CDA staff will strictly follow their directions in removing the paper mulberry trees from the park.

On March 4, the Supreme Court had asked two Inspector General Forests (IGF) Dr Syed Mehmood Nasir and Syed Ghulam Qadir Shah for assistance, besides restraining further deforestation inside the park.

The case of F-9 trees was taken up under Article 184(3) after the registrar of the Supreme Court put up a note before the three-judge committee constituted under section 2 of the Supreme Court (Practice and Procedure) Act, 2023 to consider whether suo moto proceedings may be commenced in connection with large-scale deforestation in the park. The citizens had also asked the SC to intervene to save the park from deforestation being led by the CDA.

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‘Invasive species’

On Wednesday, the expert foresters appointed by the Supreme Court furnished a joint report in which they stated that there were no laws to restrict the plantation of alien invasive species, like the paper mulberry trees, which were extremely injurious to health.

Besides, the CDA does not have an appropriate standard operating procedure (SOP) regarding the cutting of trees.

Highlighting the need for a proper procedure to be followed, the foresters told the court the calculation regarding timber after cutting the trees from the park was done on the basis of an unauthentic volume table.

The experts stated that as per the leading taxonomists, paper mulberry was extremely injurious and should be removed. Its roots should also be removed as if left in the soil, they can regenerate into a tree again, they added.

The experts also referred to another alien invasive species Ipil-ipil, which, they recalled, was planted with the assistance of the US during the Afghan Jihad. They said this species was also invasive.

According to experts, indigenous species should be encouraged, like ‘Amla’, ‘Sheesham’, ‘Chinar’, ‘Kachnar’, and ‘Acacia Khair’ etc. The experts pointed out that ‘carrot grass’ was also an alien species and injurious to health. They said this type of grass was also in abundance as there was no legislation to restrict the plantation and sale of these species.

Substitute plantation

The court ordered the Ministry of Climate Change to implement a policy to discourage alien invasive species and circulate the same among the provinces to enable them to enact appropriate legislation if they deem it necessary.

The court ordered the CDA to consider substitute plantation of the species as identified by experts to ensure that they were indigenous and less dependent on frequent watering and external inputs, like pesticides and fertilisers.

The experts also suggested that CDA should evolve a short-, medium-, and long-term strategy in consultation with experts regarding the plantation in the future as well as the removal of invasive species from the capital.

The court also asked the CDA to consider developing a strategy regarding natural streams being converted into sewage drains in Islamabad.

“Let a meeting be convened at the convenience of the expert foresters and initial guidance be provided by the experts for the removal of paper mulberry trees from the park,” the court said, adding that it would be appreciated if the expert foresters may visit the park from time to time and if they require transportation, the same be provided by the CDA.

Further proceedings were postponed for two months since the CDA required time for the plantation of substitutes after the removal of the paper mulberry. However in case CDA wants to engage the services of the experts they may do so, the Supreme Court said.

Published in Dawn, March 28th, 2024