1. ' Petitioner Wahid Bux complained regarding harassment being caused to him by respondent Ghulam Ali Chalgari, Inspector, Sindh Wildlife Department, by seizing his Australian parrots on the pretext that the petitioner was not holder of a licence from the Wild Life Department. On one hand and the fact that the Wild Life Department, on approach, declined to issue any licence as the petitioner was breeding birds of foreign origin not covered by licence.
2. ' On receipt of Court notice respondent appeared before the Court on 21-2-2003. He categorically denied having seized any wild parrots or parrots of Australian breed from the possession of the complainant. It was further stated through Mr. Masood A. Noorani learned Additional A.-G. That there was no restraint and the complainant may continue to sell as dealer licence was required for selling of birds which the complainant may obtain on payment of the fee of Rs,5,000. However, as the complainant stated that he was breeding the Australian parrots and was not a dealer of any wild birds, to obtain the official view if such farmers were required to obtain the licence for breeding or selling of such birds, learned A.A.-G. Was required to file the comments on the next date. After the specific denial of any seizure before the Court learned A.A.-G. Filed comments on 24-2-2003 stating therein that respondent has seized parrots and also registered a case against petitioner thereby contradicting the earlier oral statement made before the Court and thereby interfered with the functions of the Court by fabricating the false case against the petitioner, which on the face of it constitutes contempt of Court and punishable under the Provisions of sections 6 and 7 of the Contempt of Courts Act read with Article 204 of the Constitution of Islamic Republic of Pakistan.
3. Therefore, the respondent was called upon to submit his explariation.
4. ' In order to further ascertain the position as to whether the petitioner in his farms has Australian parrots or local birds Mr. Iqbal Ahmed Khan, Private Secretary of this Court was appointed to visit and ascertain the facts on the spot. He visited the farm of petitioner and submitted his report as follows:-- REPORT ' In compliance of orders passed in the above petition, I alongwith petitioner Wahid Bux visited his farm which is situated at 15/16 K.M. Tando Jam Road. Adjacent to his farm one poultry farm is also situated from where, I called two persons namely Saleh Muhammad son of Noor Muhammad and Nawaz son of Muhammad Ramzan and asked them whether the farm shown by the applicant belong to him, they said yes he has taken the farm on rent. At the 'entrance on right side there were three Katcha cages. In each cage 12 pairs of Australian/Bajri parrot were there. In the middle left side 4 Katcha cages were found but all were vacant. Two sheds about 20 x 25 feet of katcha construction. In first shed six iron cages were kept. In every six cages four pairs of Bajri parrot were found. In other shed seven cages of iron were kept. In 1st cage four pairs, in second cage four pairs, in third cage nine pairs, in fourth cage nine pairs, in fifth six pairs, in seventh cage two pairs. In the farm of petitioner all the parrots were Australian/bajri parrots were there. Not a single green local parrot was found there. Both the abovementioned persons told me that petitioner is a very poor person and earns his livelihood by selling of these bajri parrots.
5. ' Report is submitted for consideration. 24-2-2003.
6. (Sd)
7. (Iqbal Ahmed Khan) Private Secretary"
8. ' That the contradictory statements followed by the documentary complaint dated 31-1-2003 leads to a conclusion that after the respondent appeared before the Court on 21-2-2003 and made verbal statement; by abuse of his official position fabricated back dated record to intimidate the complainant from pressing the matter.
9. ' Mr. Hussain Bux, Deputy Conservator, Wildlife Department, Hyderabad also appeared on behalf of the Sindh Wildlife Department. He straightforwardly admitted that no wild parrots or Australian parrots were seized at all. The respondent has abused his official position and concocted a false case, under the present circumstances ;the amount recoverable with respect of F.O.R. No,35 of 2003 Book NO.277 would be recovered by the department from the respondent and not from the petitioner. He has also filed his written statement dated 25-2-2003 as follows:-- "STATEMENT
(1) That immediate action is being taken against Ghulam Ali Chalgari in respect of the acts of misconduct allegedly committed by nim as stated by the petitioner in the above petition.
(2) That the concerned officer shall be suspended after issuing the show-cause notice within two days and disciplinary action shall be taken according to law and rules against him. It is further stated that grievance of petitioner s hall be redressed in letter and spirit and compensation amount imposed upon the petitioner shall be recovered from the respondent Ghulam Ali Chalgari.
(3) That it is further stated that there is no ban under the law for selling Australian pet birds/parrots and the petitioner shall not be prevented from selling the Australian pet birds.
10. Hyderabad Dated 25-2-2003.
11. (Sd)
12. (Hussain Bux), Deputy Conservator Wildlife, Hyderabad."
13. ' He has also stated before Court that details of the protected species wild life are provided in first schedule as prescribed under Form-I, of Sindh Wild Life Protection Ordinance, 1972. For breeding and selling of the different varieties of foreign birds and parrots of foreign origin, not found in wild in Pakistan, no permission or licence is required and, thereafter, placed on record a certificate dated 26-2-2003 to the effect that there is no legal restriction on the dealing of Australian pet birds, (Bajrigars) only. This followed a detailed certificate dated 28-2-2003 mentioning the Australian as well as South African birds/parrots which is reproduced as under:-- "CERTIFICATE ' It is submitted that the details of Australian Birds/Parrots and South African Birds/Parrots are as under:- ' Name of pet birds/parrots Australian Birds.
(1) Blue Bonnet, (2) Budgerigar, (3) Bourke's Parrot, (4) Ground Parrot, (5) -Night Parrot, (6)
14. Cockatoos, (7) Crested CocKatoo,(8) Little Corella,-Western Corella (10) Long Billed Corella.
15. ' Name of pet birds/Parrots Southern Africa (1) Cape Parrots, (2) Brown headed Parrots, (3)
16. Roserigned poraket, (4) Rose faced love birds, (5) Lillian's Love birds, (6) Louries Parrots.
(1) Knyshaes louries, (2) Living stones, (3) Rosses luries, (4) Grey louri do not require any dealer licence vide Sindh Wild Life Protection Ordinance, 1972.
17. It is for your kind perusal and favorable orders.
(Sd) 28-2-2003 Game Warden District Hyderabad Sindh."
18. ' Mr. Masood A. Noorani learned A.-G. Has stated that the purpose would be appropriately served if the respondent is appropriately punished for his highhandedness in view of the proposed action by the Department against him and prayed for mercy on behalf of the respondent and suggested that taking a lenient view, compensation to the extent of Rs,10,000 may be awarded to the petitioner. Accordingly it is ordered that the respondent will make payment of a sum of Rs,10,000 to the petitioner before the Additional Registrar of this Court in three instalments as follows:--
(i) Rs,3,000 on 10-3-2003.
(ii) Rs,3,500 on 10-4-2003.
(iii) Rs,3,500 on 10-5-2003.
19. ' In case of failure in making any instalment on the specified date the entire balance amount shall become due and payable.
20. ' Respondent also submitted unconditional apology and stated that he will behave properly in future and will act in accordance with law.
21. ' In view of the facts that th2e department is already taking action against him under the Disciplinary Rules. Entry of the illegal acts of the respondent will be made in the Service Book of the respondent warned to be careful in future. The unconditional apology is accepted in H view of above.
22. ' On completion of departmental proceedings copy of the final order will be forwarded to the Additional Registrar of this Court for placing the same on the case file within a period of six months.
23. ' In view of above false contradictory statements, of the respondent proceedings, registered under sections 13, 7, 10. 17 (330 Wild Life Act vide F.O.R. No,35 of 2003, are hereby ordered to be quashed to the extent as against the petitioner, however, the amount payable under the said F.O.R. No,35 of 2003 shall be recoverable from the respondent and copy of the receipt, thereof, ,duly attested by the Deputy Conservator Hyderabad shall be placed on record of this case after payment within 30 days.
24. ' The petitioner is disposed of in the above terms.