MUHAMMAD ZAWAR HUSSAIN vs PROVINCE OF PUNJAB S — 2022 PLD 445 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ZAWAR HUSSAIN VS PROVINCE OF PUNJAB S. 9---Constitution of Pakistan, Arts. 9 & 199---Constitutional petition---Restriction of hunting---Term "Fair Chase"---Applicability---Electronic decoys, ban on use---Right to life of animals and birds---Petitioner was hunter / short-gunner and assailed notification issued by Provincial Government imposing ban on use of electronic calls, decoys and PCP air guns during hunting of waterfowl/upland birds---Validity---Animals and birds have also some emotions and can feel pain or joy, they have legal rights, which also includes the Right to Life---Statutory duty of State to ensure that such rights are not infringed in any manner---Main purpose of enacting Punjab Wildlife (Protection, Preservation, Conservation and Management) Act, 1974, was to protect, preserve, conserve and manage wildlife in Province of Punjab---Provincial Government, under Punjab Wildlife (Protection, Preservation, Conservation and Management) Act, 1974, and other respective (related) provincial legislation, had discretionary power to take steps/adopt measures for protection of life of wild animals and birds, in addition to advancing the objective of Punjab Wildlife (Protection, Preservation, Conservation and Management) Act, 1974---High Court declined to interfere in the notification issued by Provincial Government as there was no illegality---Provincial Government was justified in imposing additional restriction/condition, about use of electronic devises/gadgets, battery-operated decoys/moju and pre-charged pneumatic air-guns---Use of such electronic devices/gadgets were against the norms of hunting and principle of fair chase whereby the animal or bird had a fair chance to escape---Protection of wildlife animal from being hunted down in an unfair manner against the concept of fair-chase principle was a job, which must be done by the relevant authorities and by the Courts not only to safeguard and uphold the right of life of the wildlife animals but most importantly to preserve and protect equilibrium of ecosystem for the sake of present and future generation of the country---Constitutional petition was dismissed, in circumstances.

MUHAMMAD ZAWAR HUSSAIN vs PROVINCE OF PUNJAB S — 2022 PLD 445 LAHORE-HIGH-COURT-LAHORE

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