| Citation(s) |
|---|
| 2026 SLG 4912 = 2026 SLD 4912 = 2026 CLC 1109 |
Islamabad High Court
W.Ps. Nos. 3820 of 2020, 3122 and 241 of 2021, decided on 10th September, 2025.
Presented By: Arbab Muhammad Tahir, J
 Ms. Maryam Ali Abbasi, Dr. Anis ur Rehman and Abid Hassan for Petitioners.       M. Sajid Mehmood Khan Tanoli, Deputy Attorney General for
Respondents. Â Â Â Â Â Â Abdul Rehman S. Alvi for
Respondent No. 3. Â Â Â Â Â Â Ch. Muhammad Nawaz for FBR. Â Â Â Â Â Â Syed Ali Raza Zaidi, Deputy Director, Ministry of Climate Change, Ms. Mehwish Rauf, Deputy Conservator, Ministry of Climate Change and Amir Shahzad, PRO, Ministry of Foreign Affairs for
Respondents. Â Â Â Â Â Â Assisted by: Sajjad Ali, Law Clerk.
W.Ps. Nos. 3820 of 2020, 3122 and 241 of 2021, decided on 10th September, 2025.
Presented By: Arbab Muhammad Tahir, J
 Ms. Maryam Ali Abbasi, Dr. Anis ur Rehman and Abid Hassan for Petitioners.       M. Sajid Mehmood Khan Tanoli, Deputy Attorney General for
Respondents. Â Â Â Â Â Â Abdul Rehman S. Alvi for
Respondent No. 3. Â Â Â Â Â Â Ch. Muhammad Nawaz for FBR. Â Â Â Â Â Â Syed Ali Raza Zaidi, Deputy Director, Ministry of Climate Change, Ms. Mehwish Rauf, Deputy Conservator, Ministry of Climate Change and Amir Shahzad, PRO, Ministry of Foreign Affairs for
Respondents. Â Â Â Â Â Â Assisted by: Sajjad Ali, Law Clerk.
PAKISTAN ANIMAL WELFARE SOCIETY (PAWS) through co-founder and others ---Petitioners
VERSUS
MINISTRY OF CLIMATE CHANGE through Secretary and others ---Respondents
Law:
Section:
(a) Public functionaries Misconduct---Public functionaries are bound by the Constitution, laws, rules and regulations, and violation thereof, or aiding or abetment for such violation amounts to misconduct leading to consequences under the laws of discipline as well as other penalties of imprisonment and fine provided under applicable laws. (b) Pakistan Trade Control of Wild Fauna and Flora Act (XIV of 2012) Ss. 5, 6, 15 & 16---Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Arts. III, IV, V, VI, Appendix I, II & III---Constitution of Pakistan, Art.199---Constitutional petition---Wild life---Endangered species---Import and export---Petitioner / organization alleged that in violation of the provision of Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the provision of Pakistan Trade Control of Wild Fauna and Flora Act, 2012 elephants and falcons had been imported and exported respectively into and out of Pakistan---Validity---High Court directed that import, export and re-export of specimens of species included in Appendix I, II and III of CITES (including falcons and elephants) should strictly be regulated in accordance with the provisions of Pakistan Trade Control of Wild Fauna and Flora Act, 2012---Term no objection certificate was alien to the provisions of Pakistan Trade Control of Wild Fauna and Flora Act, 2012 and CITES---Relevant laws mandated Management Authority to grant permit certificate for import, export or re-export under Art.VI of CITES that too subject to fulfilment of pre-conditions stipulated in Arts. III, IV and V of CITES---High Court noted that Import / Export Policy Order had been suitably amended pursuant to orders of High Court during the proceedings and expression no objection certificate along side permit were introduced---Provision of CITES as well as provision of Pakistan Trade Control of Wild Fauna and Flora Act, 2012 provided for issuance of permits, therefore, word no objection certificate used in the Import / Export Policy Order was inconsistent with the statutes---High Court directed to read down word no objection certificate as having no…