QUETTA: Balochistan High Court (BHC) on Friday termed as illegal a notification issued by the Ministry of Foreign Affairs (MOFA) for allocating areas for hunting of Houbara Bustard in Balochistan.



A Division Bench of BHC comprising of Justice Jamal Khan Mandokhail and Justice Muhammad Ejaz Swati on Friday directed the provincial government to ensure the protection, preservation and conservation of the endangered species.



Separate petitions had been filed by former Speaker Balochistan Assembly Mohammed Aslam Bhootani and Malik Mohammed Saleem against the state for allocating hunting areas.



The court asked the Secretary Wildlife Department, Balochistan to submit a report, showing measures taken in this regard at the next hearing.



The foreign office had earlier allocated certain areas of Balochistan, including District Zhob, Ormara and Pasni, Disrict Gawadar, District Kharan (excluding Nag Dera breeding area), District Panjgur, District Washuk, District Khuzdar, District Lasbela, Tehsil Lehri of District Sibi, old Katchi and Sani Shoran of District Bolan, District Kila Saifullah, including Kar Khurassan (less sub-Division Muslim Bagh) and Samungali, to the dignitaries of the United Arab Emirates (UAE) for hunting of Houbara Bustards in 2013-2014.



Counsel for the petitioners contended before the court that the Houbara Bustard is included in the list of the endangered species prepared by the International Union for Conservation of Nature (IUCN), therefore, its hunting is prohibited under Pakistani law.



Additional Advocate General said that under Balochistan’s Wildlife protection, preservation, conservation and management Act 2014, wildlife animals are protected, preserved, conserved and managed by the Balochistan government. However, he lamented that every year the ministry of foreign affairs allots the area to the Arab dignitaries for hunting the Houbara Bustards and the provincial government honours this decision.



Noting that Pakistan is also a signatory to the convention on the Conservation of Migrating Species of Wildlife Animals, the court said that “Despite being the signatory to the International Treaty, the Ministry of Foreign Affairs permitted hunting, which is in violation of the terms of the agreement, hence the allotment orders are illegal.”



The court observed that issuing of license to foreigners for hunting protected and endangered species amounts to a compromise of sovereignty, particularly in the context of the security environment of the country. As a result, current and potential values of vulnerable species are being eroding to the disadvantage of present and future generations.



“Deviation from law by permitting hunting on the pretext that the Arab dignitaries are participating in the welfare projects in the allotted areas, is no excuse,” the BHC noted.



The court added that it was the responsibility of the federal as well as the provincial government to protect and preserve the endangered species, instead of issuing licenses or allotting area for hunting the Houbara Bustard.



It further added that the federal government did not take into account Section 9 of the Balochistan (Wildlife protection, preservation, conservation and management) Act 2014, which states that “all wildlife animals free ranging or captive, tamed or untamed found within the territorial jurisdiction of the province shall be deemed to be the property of government.”



The division bench said that the federal government has no authority to allot any area of a province for hunting, nor can it issue any license for hunting wildlife belonging to a province.



It termed Mofa’s notification illegal and having no binding effect upon the government of Balochistan since it lacked jurisdiction.



Copies of the order were dispatched to the foreign ministry, interior ministry, Chief Secretary Balochistan and the Secretary Wildlife Balochistan for compliance.