Case Details

Citation(s)
2021 SLG 652 2021 SLD 652 2021 PLD 6
Islamabad High Court
Writ Petition No. 1155 of 2019, decided on 21st May, 2020,Date of hearing: 25th April, 2020.
ATHAR MINALLAH, CHIEF, JUSTICE
Syed Muhammad Tayyab, Deputy Attorney General, Kashif Ali Malik, Adil Aziz Qazi, Haseeb Hassan and Malik Abdur Rehman for
Respondents.

ISLAMABAD WILDLIFE MANAGEMENT BOARD THROUGH CHAIRMANVSMETROPOLITAN CORPORATION, ISLAMABAD THROUGH MAYOR AND 4 OTHERS

Law: Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979

Section: 4

Law: Prevention of Cruelty To Animals Act, 1890

Section: 3

Law: Penal Code (XLV of 1860)

Section: 428,429

(a) Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance (LXX of 1979)--- ----S. 4---Islamabad Wildlife (Protection, Preservation, Conservation and Management) Rules, 1983, R. 3(i)---Management of Zoo---Responsibility---In Islamabad Capital Territory, management of Zoo is within the domain of the Board of Management constituted under Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979, and such is one of its crucial functions---Zoo, its management and all other matters relating thereto fall within the jurisdiction and competence of Board of Management constituted under Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979. (b) Interpretation of statutes--- ----Beneficial statute must not be construed too restrictively, rather should be given the widest possible interpretation. (c) Prevention of Cruelty to Animals Act (XI of 1890)--- ----S. 3---Penal Code (XLV of 1860), Ss. 428 429---Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance (LXX of 1979) S.4---Islamabad Wildlife (Protection, Preservation, Conservation and Management) Rules, 1983, R. 3(i)---Cruelty to animals---Animals in captivity--- Management of Zoos were aggrieved of maltreatment of authorities with animals kept in captivity in Zoo at Islamabad---Validity---Animals in Zoo had been subjected to unnecessary pain and suffering---Conditions in Zoo, described in various reports had spoken volumes for distress, pain and sufferings of all animals--- Authorities responsible exposed themselves to be proceeded against under Prevention of Cruelty to Animals Act, 1890---Animals in Zoo were public property and offences under Ss.428 429, P.P.C. could be invoked if the ingredients stood fulfilled---Zoo at Islamabad did not have facilities or resources to meet behavioral, social and physiological needs of the animals kept in captivity under inappropriate and illegal conditions---Animals held in captivity in the Zoo were kept in conditions that tantamount to subjecting them to unnecessary pain and sufferings, violating provisions of Prevention of Cruelty to Animals Act, 1890…
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