Case Details

Citation(s)
1999 SLG 909 1999 SLD 909 1999 CLC 981
Sindh High Court
Constitutional Petitions Nos.D-25 and D-26 of 1993, heard on 12-08-1998
S. SAEED ASHHAD AND S. AHMED SARWANA, JJ
Muhammad Kamil Shaikh for Petitioner. Naimur Rehman, Deputy Attorney-General and Muhammad Saleem, A.A.G. for
Respondents

TANVIR ARIF

VS

FEDERATION OF PAKISTAN and another

Law:

Section:

Sindh Wildlife Protection Ordinance (V of 1972)-------Ss. 2(j), 7 & 17---Constitution of Pakistan (1973), Art.199---Constitutional petition---Hunting of protected animals---Chief of Protocol, Ministry of Foreign Affairs, addressed letter to Provincial Chief Secretary informing him that area mentioned in letter had been allocated to a dignitary of United Arab Emirates for hunting "Houbara Bustards" during relevant hunting season---Said letter had been challenged by petitioner in Constitutional petition being violative of S.7 of Sindh Wildlife Protection Ordinance, 1972---"Houbara Bustards" had been declared " protected animals" under S.2(j) read with Second Sched. of Sindh Wildlife Protection Ordinance, 1972 and hunting thereof had been made punishable under S.17 of the said Ordinance---High Court in its earlier had declared that licence granted by Authorities to foreign dignitary for hunting was contravention of aims, objectives, spirit of Sindh Wildlife Protection Ordinance, 1972 and Authorities were directed to refrain from acting under said licence---Said of High Court, which held the field, was binding on all persons including respondents, but Authorities despite said issued letter granting permission for hunting of "Houbara Bustards" which otherwise were protected animal---On assurance of Deputy Attorney-General that in future Authorities would take care that orders of the Courts would be respected and obeyed in letter and spirit fully, High Court, while deprecating violation of its order by the concerned authorities in a very strong terms, refrained to take any action against them in the hope that such acts would not be repeated in future---Period of licence whereby order granting hunting was granted, having since expired, Constitutional petition was disposed of as having become infructuous. JUDGMENT S AHMED SARWANA, J.-. Petitioners have filed these two petitions, inter alia, seeking a declaration that the Letter No.P(3)18-6-92-93 written by Col (Rtd.) S.K. Tressler, Chief of Protocol, Ministry of Foreign Affairs, Islamabad, addressed to the Chief Secretary of Sindh, informing him that the District Sanghar Minus game sanctuary has been allocated to…
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