| Citation(s) |
|---|
| 2026 SLG 670 2026 SLD 670 = 2026 SHC 114 |
Sindh High Court
CP No.D-220 of 2026
Presented By: Justice Muhammad Saleem Jessar Justice Nisar Ahmed Bhanbhro
Date of hearing and order: 21.01.2026 Khawaja Saif-ul-Islam, Advocate for the Petitioners Ms. Rubina Qadir, Deputy Prosecutor General Mr. Abdul Jalil A. Zubedi, Assistant Advocate General a/w Hazim Bangwar, Assistant Commissioner, Sub-Division, Saddar, Karachi; Mumtaz Ali Soomro, Deputy Conservator Wildlife Karachi and Jamshed Mahar, Conservator Sindh Wildlife, Karachi.
CP No.D-220 of 2026
Presented By: Justice Muhammad Saleem Jessar Justice Nisar Ahmed Bhanbhro
Date of hearing and order: 21.01.2026 Khawaja Saif-ul-Islam, Advocate for the Petitioners Ms. Rubina Qadir, Deputy Prosecutor General Mr. Abdul Jalil A. Zubedi, Assistant Advocate General a/w Hazim Bangwar, Assistant Commissioner, Sub-Division, Saddar, Karachi; Mumtaz Ali Soomro, Deputy Conservator Wildlife Karachi and Jamshed Mahar, Conservator Sindh Wildlife, Karachi.
(Khudai-Ram and another
VS
. Province of Sindh and 03 others)
Law: Constitution of Pakistan, 1973
Section: 18
Law: Sindh Wildlife Protection, Preservation, Conservation and Management Act, 2020.
Section: 21,53
Summary: The petitioners sought directions to de-seal their shops at Rambo Centre Birds Market and return seized birds, cages, and cash, claiming a constitutional right under Article 18 to carry on business. The Wildlife Department had seized the birds and sealed the shops under the Sindh Wildlife Protection Act, 2020, citing illegal trade and lack of valid permissions. The Court held that business in wildlife requires lawful permission under Section 53, and unauthorized trade violates Section 21 of the Act. The Court emphasized that the welfare and proper care of the seized birds must be ensured and allowed petitioners to seek legal permission if they wished to continue trade. The petition was disposed of without interfering with the seizure. Sections/Laws Used: Article 18, Constitution of Pakistan, 1973 – Right to carry on business. Section 21, Sindh Wildlife Protection Act, 2020 – Protection of wildlife; prohibition on hunting, capturing, trading without permission. Section 53, Sindh Wildlife Protection Act, 2020 – Licensing requirement for wildlife trade. Two 2-word descriptions: Wildlife Trade Shop Seizure O R D E R Through instant petition, the petitioners have sought directions against respondent Nos. 2 and 3 to de-seal Shop No. G-5 and Shop No. G-43, situated at Rambo Centre Birds Market and to restore all seized birds, cages, cash, and other articles. The petitioners have further prayed that the respondents be directed to ensure the welfare, proper care, and safety of the seized birds. Learned counsel for the petitioners contended that the petitioners, along with more than fourteen other shopkeepers, have been openly and continuously carrying on a lawful business at the birds market for the last twelve to fifteen years, a right protected under Article 18 of the Constitution. It was asserted that the petitioners neither encroached upon any land nor violated any law or statutory provision. Learned counsel alleged that on 14- 01-2026, between 6:00 a.m. and 11:00 a.m., certain officials of respondent No.2, namely Wazirzada and Zafar, claiming to be Inspectors, along with several other officials, forcibly entered the birds…