1. NAZEER AHM ED LANGOVE, J. The petitioners filed the instant petition with the contention that the Balochistan Provincial Assembly approved The Balochistan Wildlife (Protection, Preservation.
2. Conservation and Management) Act, 2014 (Act No. XIV of 2014), which was promulgated to provide protection preservation conservation and sustainable management to the Wildlife, establishment and management of protected areas in the Province of Balochistan. After that, the Balochistan Wildlife (Protection, Preservation, Conservation and Management) Rules 2015 was notified in pursuance of the Act ibid. Following the Act, 2014, the Government of Balochistan, Forest, and Wildlife Department designated private properties of Mouza Mir-e-Nawar to Mouza Salgatar, Tehsil and District Washuk as Community Game Reserve, which Rakhshan Wildlife Conservancy Washuk manages, vide Notification No. SO (Dev-I)/F&W/5-16/2018/989-95, dated 7th February, 2019.
3. The petitioners contend that according to the prevailing practice, the Government of Pakistan, Ministry of Foreign Affairs (Respondent No.1) recommended different areas of the Province for allocation of hunting of Houbara Bustard to the Arab Dignitaries without consulting the Provincial Government, as per the law meaningful consultation from Provincial Government was necessary but the Federal Government has never followed that, and in this regard, a simple letter was sent to the Provincial Government, and the concerned Embassy.
4. Respondent No.1 vide its Letter No. DCP(P&I)-18/6/2022-23/(Recommendations/UAE), dated 21st October, 2022, along with the code of conduct for hunting in the areas of District Washuk and Kharan (including Mashkhel Tehsil of District Washuk) were recommended for hunting Houbara Bustard to Sheikh Muhammad Bin Zayed Al Nahyan, (President of United Arab Emirates and Ruler of Abu Dhabi).
5. The petitioners' learned counsel urged that although it was mentioned in the above-stated letter of the Ministry of Foreign Affairs, Private Properties Protected Areas are excluded from the Hunting Allocations. Still, the representatives and staff of dignitaries illegally utilize the private lands and protected areas established on private properties; they do not allow even owners, tenants, and shepherds to go into the area to look after lands, crops, cattle, etc., causing significant losses and damages.
6. In this context, the petitioners filed an application dated 25th August, 2022 to the Chief Minister, Balochistan, for the exclusion of the Community Game Reserve Area established on private properties of District Washuk from hunting allocation of Arab Dignitaries with the request to make necessary correspondence with Respondent No. 1. In response, the Secretary, Government of Balochistan, Forest and Wildlife Department (Respondent No. 4) addressed a letter No. SO(Dev-I)7- 7/Forest-2022/5475-79, dated 1st December, 2022, to Respondent No.1 (Secretary, Government of Pakistan, Ministry of Foreign Affairs) and Respondent No. 2 (Secretary, Government of Pakistan, Ministry of Climate Change) for exclusion of Community Game Reserve Area established on private properties by the owners of the properties managed by the petitioners.
7. In the reply, Respondent No. 1 issued a letter No. DCP (P&I)-18/6/2022-23 (Recommendations), dated 15th December, 2022, and according to that letter, private and Community Game Reserves cannot be excluded from hunting allocations.
8. Respondent No. 4 again sent a letter No. SO(Dev-I)7-7:FST/2022/5396-5401, dated 13th March, 2023, in which legal aspects were explained with relevant protocols, followed by a reminder dated 12th June 2023, but with no response from Respondent No. 1.
2. The petitioners' grievance is that not only the owners of the lands, tenants, and people of the area have been deprived of their fundamental rights regarding the use of their land and grazing cattle, but free movement of the people of the area is also curtailed and threatened of serious consequences by the staff of the Arab Dignitaries; hence, this petition.
3. On service of notice, Respondent No. 1 filed a report which shows that the private properties are generally not allocated to any person for hunting. In this regard, the Ministry recommends the areas for hunting, which are approved in consultation with the Wildlife Department of the concerned Province. However, in exceptional circumstances, private properties are allocated but with the express consent of the property owners as per the law.
9. However, visiting foreign dignitaries to Pakistan for hunting is an important foreign policy instrument that benefits local communities and the domestic economy. The visiting dignitaries carry out development projects. i.e. construction of roads, schools, hospitals, etc, in the areas allocated to them, creating local employment opportunities. The Government of Pakistan also ensures high security for foreign dignitaries with coordinated efforts.
10. Respondent No. 2 filed his reply with the contention that the Ministry of Climate Change and Environmental Coordination is the focal point for various International Conservations related to the conservation of Wildlife.
11. The management, conservation, protection, and preservation of Wildlife lies with the Provincial Wildlife Authorities, for which each Province has its own relevant legislation. However, as per the devolution Notification dated 29th June 2011, the allocation of hunting areas to foreign dignitaries has been assigned to respondent No.1 through the concerned Provincial Authorities. The Government of Balothistan promulgated a law (the Act 2014) to provide protection, preservation, conservation, sustainability, and management to the Wildlife and protected areas in the Province.
12. The crux of section 38 of the Act provides that where the Government is satisfied that an area of land in private ownership supports a sizable population of game animals or has the potential of increasing the number of game animals to harvestable level, designate it as a Private name Reserve, on receipt of a formal request from a single owner or 8o% of the owners of any jointly owned area, for managing and using it sustainably for hunting of game animals.
13. More importantly, the owner shall manage and use the Private Game Reserve sustainably by a management plan endorsed by the authorized officer. The Department shall support the owner technically in managing the Private Game Reserve on scientific basis.
14. Although the owner is entitled to all income derived from hunting therein or from other sustainable uses of the Private Game Reserve with the condition that the owner is obligated to spend at least 20% of the gross income from a Private Game Reserve for the improvement and development of the Private Game Reserve.
15. Further, he is bound to prepare a management plan for the Private Game Reserve in consultation with the authorized authority for its implementation.
16. Similarly, the Community Game Reserve (Section 39 of the Act) pertains to the area owned by a local community that supports a sizable population of game animals or has the potential of increasing the number of game animals with management to harvestable level, may designate it as a Community Game Reserve, on receipt of a formal request signed and submitted by at least 80% of the households of that community for managing and using it sustainably for hunting of game animals found therein; but the petitioner failed to place a single document showing that either they are the owners of the area claimed or representing at least 80% of the local community.
17. Admittedly, the respondents are legally bound to observe restrictions imposed on Hunting and Trapping under section 16 of the Act, which provides that no person shall hunt any wild animal using a set gun drop spear, deadfall, explosive, gun trap, explosive projectile, bomb, grenade, baited hook, net, snare or any other trap, an automatic weapon, or a weapon of a caliber used by the Army or Police Force or through a projectile containing any drug or chemical substance, or hunt any game animal in the non-hunting period; or shoot any 'game animal from a vehicle or conveyance from a distance less than two hundred meters; hunt with the help of decoys or call birds; or hunt with the help of playback recorded calls; or construct or use, to track any wild animal, any pitfall, game pit, or any fence or enclosure, or use any other similar contrivance; or hunt by hiding near a water hole or hunt after sunset or before sunrise.
4. The petitioners learned counsel urged that in view of Notification No. SO(Dev-I)/F&W/5- 16/2018/989-95 dated 7th February 2019, whereby the private areas managed by the petitioners measuring 93 km x 26 km = 2418 sq. km (597500 acres) may be treated as Community Game Reserve, prescribed and protected under Section 39 of the Act.
18. The petitioners spread a wide rope without specifying areas and, above all, their ownership or representation of the community; this Court cannot grant relief based on a vague and evasive factual controversy, nor can it be determined in the Writ jurisdiction of this Court. However, the petitioners may approach the proper forum to redress their grievances.
5. In view of above, the petition, being devoid of merit, stands dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.