| Citation(s) |
|---|
| 2016 SLG 342 2016 SLD 342 2016 PLD 421 |
Supreme Court of Pakistan
Civil Review Petitions Nos. 561, 568 to 570, 600 to 604 and607 of 2015; Civil Miscellaneous Application No. 8635 of2015 and C.M. Appeal No. 125 of 2015 in CRP No. Nil/2015,decided on 8th January, 2016. Dates of hearing: 6th to 8thJanuary, 2016.
ANWAR ZAHEER, JAMALI, C.J., MIAN SAQIB NISAR, IQBAL HAMEEDUR RAHMAN,
Salman Aslam Butt, A.G.P., Ch. Aamir Rahim, Addl. Attorney General and Nayab Hassan Gardezi, Advocate Supreme Court.Adnan Basharat, Advocate Supreme Court (in CRP 607 of 2015).Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court (in CRP-604 of
Civil Review Petitions Nos. 561, 568 to 570, 600 to 604 and607 of 2015; Civil Miscellaneous Application No. 8635 of2015 and C.M. Appeal No. 125 of 2015 in CRP No. Nil/2015,decided on 8th January, 2016. Dates of hearing: 6th to 8thJanuary, 2016.
ANWAR ZAHEER, JAMALI, C.J., MIAN SAQIB NISAR, IQBAL HAMEEDUR RAHMAN,
Salman Aslam Butt, A.G.P., Ch. Aamir Rahim, Addl. Attorney General and Nayab Hassan Gardezi, Advocate Supreme Court.Adnan Basharat, Advocate Supreme Court (in CRP 607 of 2015).Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court (in CRP-604 of
GOVERNMENT OF PUNJAB and othersVsAAMIR ZAHOOR-ULHAQ and others
Law: Constitution of Pakistan, 1973
Section: 188
Law: Civil Procedure Code (V of 1908)
Section: O.XLVII,R.1
Law: Supreme Court Rules, 1980
Section: O.XXVI,R.1
(a) Constitution of Pakistan -----Art. 188---Supreme Court Rules, 1980, O. XXVI, R. 1---Civil Procedure Code (V of 1908), O. XLVII, R. 1---Review of of Supreme Court---Scope---Scope of review was limited and was confined only to error apparent on the face of the record or floating on the surface of the which, if noticed earlier, would have direct bearing on the conclusions drawn by the Court. Abdul Ghafar-Abdul Rehman and others v. Asghar Ali and others PLD 1998 SC 363 ref. (b) Balochistan (Wildlife Protection, Preservation, Conservation and Management) Act (XV of 2014) --- ----Ss. 2(lll), 2(sss), 58, 59 & Sched. 1, Part D & Sched.III---Sindh Wildlife Protection Ordinance (V of 1972), Ss. 7, 40 & Second Sched.---Punjab Wildlife (Protection, Preservation, Conservation and Management) Act (II of 1974), First Sched. --- Khyber Pakhtunkhwa Wildlife and Biodiversity (Protection, Preservation, Conservation and Management) Act (I of 2015), Preamble---Pakistan Trade Control of Wild Fauna and Flora Act (XIV of 2012), S. 27 & Preamble---Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Appendix II---Convention on the Conservation of Migratory Species of Wild Animals (CMS), Appendix II---Red List of International Union for the Conservation of Nature and Natural Resources (IUCN)---Permanent ban on hunting of Houbara Bustard---Legality---Under all Provincial wildlife laws protected animal (such as the Houbara Bustard) were subject to change in status from protected to game animal, which could be hunted in accordance with the law---All said laws did not envisage a permanent ban on the hunting of Houbara Bustard, but allowed its hunting subject to obtaining a licence---Conservation efforts of a species could not be successful without uplifting the economic wellbeing of areas where the species was found---Amount generated by issuing licences for hunting were presumably used for the uplifting of the people of the area where the licensees hunt, thus, locals had an economic interest in conserving the species rather than indulging in illegal hunting---Judgment under review contained an apparent error on the face of the record…