1. 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 Shaikh Muhammad Bin Khalid Al-Nahyan, a dignitary of United Arab Emirates, for hunting Houbara Bustards during the hunting season 1992-93, is violative of section 7 of the Sindh Wildlife Protection Ordinance, 1972 (hereinafter referred to as the "Ordinance", it has been issued without legal and lawful authority and, therefore. is void and of no legal effect. Petitioners have also prayed that a direction be issued to the Federation of Pakistan (respondent No,1), Government of Sindh through Secretary, Department of Wildlife Sindh (respondent No,2) and the conservator (Wildlife), Government of Sindh (respondent No,3) to perform their duty of protection and preservation of wildlife in Pakistan and particularly in respect of Houbara Bustards and restrain them from enforcing the Impugned Licence during the hunting season 1992-93.
2. On perusal of the provision of the Ordinance, we find that all members of OTIDAE, i,e, all Bustards which include Houbara Bustards have been declared as "protected animals" under section 2(j) read with the Second Schedule of the Ordinance and hunting thereof has been made punishable under section 17 with imprisonment which may extend to two years or with fine which may extend to one thousand rupees, or with both. Mr. Kamil Shaikh, learned Counsel for the petitioners has drawn our attention to Annexure "F" of the petition which is a copy of the judgment dated 16-8-1992 in Constitution Petition No,1403 of 1991 filed by the Society for Conservation and Protection of Environment seeking similar relief for the conservation and protection of all Bustards. A learned Bench of this Court after a thorough examination of the relevant law allowed the said Constitution Petition by Judgment, dated 16-8-1992 and the licence granted by the Secretary, Agriculture and Wildlife Department, Government of Sindh under the title "Hunting by Dignitaries from Dubai" to Naseer Abdulla Hussain Lotah, Director in the Office of the Prime Minister of U.A.E. and Ruler of Dubai for the area of Thatta District excluding wildlife sanctuary and National Park Area for hunting purposes and training of falcons for the years 1991 to 1995 was declared to have been issued "in clear contravention of the aims, objectives, spirit and even the letter of Sindh Wildlife Protection Ordinance, 1972" and the Federation of Pakistan, Ministry of Foreign Affairs, Government of Sindh and Conservator (Wildlife) etc. were directed to refrain from acting under the said Circular/Licence for the purpose of training of falcons or for hunting. Mr. Naeemur Rehman, leaned Deputy Attorney- General did not controvert this judgment. It is, therefore, obvious that the said judgment holds the field and is binding on all the persons in general and the respondents in particular.
3. We regret to note that in spite of the aforesaid clear judgment the Respondents issued the impugned letter dated 11-10-1992 granting permission I for hunting of Houbara Bustards for the hunting season 1992 to 1993. As responsible officers of the Government it was their duty to uphold the law and the judgment of this Court. It is needless to emphasize that Pakistan is an Islamic State where all persons are equal in the eyes of law and no person including the Caliph is above the law.
4. It is the duty of every member of a Muslim society to obey all laws and ensure that all laws are implemented fully and without any discrimination. This principle of obedience to law and equality before law was preached, practiced and finally declared by the Holy Prophet (p.b.u.h.) in the Khutba-e-Hajatul Wida. These principles have also been incorporated in the Constitution of the Islamic Republic of Pakistan, 1973 and are binding on every citizen and person resident or present in Pakistan. It is hoped that in future while granting any permission or exemption to any person the concerned authorities shall keep this principle in mind so that a true Islamic society based upon the principles laid down in the Holy Qur'an and Sunnah of the Holy Prophet (p.b.u.h.) is established in this country.
5. The learned Deputy Attorney-General has pointed out that the impugned order granting hunting permission to the dignity of United Arab Emirates was for the hunting season 1992-93 which period has expired and the petitions have become infructuous. On perusal of the record of these petitions, we find that they were filed on 5-1-1993, admitted on 7-1-1993 and have been coming up for regular hearing in Court since then. It is unfortunate that counsel did not draw the attention of the Court to the importance and urgency of the matter and the fact that the judgment, dated 16-8-1992 of this Court passed in Constitutional Petition No,D-1403 of 1991 was being defied by the respondents. This is a very serious matter. The Deputy Attorney-General explained that the licence was issued by the respondents in ignorance of the Order of this Court and assured that in future the Respondents would take care that the orders of all Courts are respected and obeyed in letter and spirit fully. In view of the assurance given by the learned Deputy Attorney-General we do not propose to take any action against the respondents in the present case and expect that such acts would not be repeated in future.
6. As the period of the impugned licence has expired, we dispose of the petitions as having become infructuous with the above observations.
7. The office is directed to send a copy of this Judgment to the learned Deputy Attorney-General and Advocate-General, Sindh for onward transmission to the relevant authorities for future reference and guidance to at in accordance with law and protect and-preserve the sacred environment of tine country.