| Case ID |
2d0c8044-f3e4-44c7-933d-e9cb1aee007a |
| Body |
View case body. Login to View |
| Case Number |
Writ Petitions Nos. 984, 17554 and 4714 of 1993 an |
| Decision Date |
Mar 16, 1995 |
| Hearing Date |
Mar 16, 1995 |
| Decision |
The Lahore High Court dismissed the petition filed by M.D. Tahir, which sought a blanket prohibition on the hunting, killing, and trading of various birds and animals, particularly the Houbara Bustard. The court emphasized that while Islam prohibits unnecessary killing of animals, it allows for hunting and consumption of certain species deemed 'Halal'. The court found that there is no law or Islamic injunction preventing the trade of animals and birds, and recognized the petitioner's claims as lacking legal basis. The court also noted that the government is already enforcing wildlife laws and that individuals can seek legal recourse if their rights are affected by unlawful acts. Hence, no general injunction could be issued against the authorities, and the petition was deemed frivolous. |
| Summary |
In the case of M.D. Tahir vs. Provincial Government, the Lahore High Court addressed a constitutional petition that challenged the hunting and trading of wildlife, specifically the Houbara Bustard. The petitioner argued for a complete ban based on Islamic injunctions and wildlife protection laws. However, the court ruled that while Islam discourages unnecessary killing, it permits hunting under certain conditions. The court reiterated that citizens have the right to engage in trade unless expressly prohibited by law. The decision emphasized the balance between wildlife conservation and lawful hunting practices, dismissing the petition as lacking merit and reiterating the government's commitment to enforce existing wildlife laws. Keywords such as 'wildlife protection', 'Islamic law', 'hunting regulations', and 'constitutional rights' are essential for understanding the implications of this ruling in the broader context of environmental law and religious jurisprudence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUSHTAQ AHMAD KHAN,
CH. KHURSHID AHMAD
|
| Lawyers |
M.D. TAHIR,
Faqir Muhammad Khokhar,
Masood-ur-Rehman Mirza,
Mian Abdul Sattar Najam,
Asghar Kharal
|
| Petitioners |
M.D. TAHIR
|
| Respondents |
PROVINCIAL GOVERNMENT through its Secretary, Forest Department
|
| Citations |
1995 SLD 1207 = 1995 CLC 1730
|
| Other Citations |
Chhetriya Pardushan Mukti Sangharsh Samiti v. State of U.P. and others AIR 1990 SC 2060,
Ghulam Haider and 7 others v. S.H.O., City Police Station, Quetta and 9 others PLD 1989 SC 479
|
| Laws Involved |
Wild Birds and Animals Protection Act,
Punjab Wildlife (Protection, Preservation, Conservation and Management) Act,
Constitution of Pakistan
|
| Sections |
3,
9,
18,
199
|