Negligence in transfer of animals to sanctuaries: IHC issues contempt notices to minister, others

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday issued contempt notices to Federal Minister of State for Climate Change Zartaj Gul, members of the Islamabad Wildlife Management Board and others for their alleged neglect and mismanagement during transfer of animals from the zoo to the sanctuaries.

A single bench of Chief Justice Athar Minallah heard the case related to lack of facilities at Islamabad's Marghazar Zoo, and issued the notices.

The IHC on July 21 had declared that the Marghazar Zoo lacked the facilities and resources to meet the behavioural, social and psychological needs of animals kept in captivity, and that they were caged under inappropriate and illegal conditions.

During the proceeding, Naheed S Durrani, secretary Ministry of Climate Change informed that loss of a lion and lioness was being thoroughly probed.

The court noted Himalayan bears caged at the Marghazar Zoo continue to suffer because of lack of care, neglect and mismanagement.

The IHC order said; "The Himalayan bears are critically endangered species and, therefore, the Ministry of Climate Change and the Wildlife Management Board have to explain how they are not responsible for their welfare and protection. The order further said the post-mortem report speaks volumes for the inhumane and cruel conditions in which they had been kept at the Marghazar Zoo."

It said that the recorded footages of the manner in which these majestic living beings had been handled were shown by the electronic media.

The acts and omissions of the Wildlife Management Board and the neglect of the Ministry of Climate Change appear to have led to the loss of this endangered species, while lives of the Himalayan bears are now at risk.

The IHC said that they had explicitly made the Ministry of Climate Change, the Wildlife Management Board and the mayor, Metropolitan Corporation Islamabad jointly responsible for the welfare of the animals because it had become obvious that there was lack of will to safeguard the welfare and wellbeing of the helpless living creatures, which had been caged in deplorable conditions at the Marghazar Zoo.

The court added that the members of the Islamabad Wildlife Management Board were, therefore, explicitly declared to be jointly and severally liable for the welfare and protection of the helpless living creatures, who were at the mercy of another invasive species i.e. humans.

It maintained, "The acts and omissions of the Wildlife Management Board, prima facie, tantamount to violating the unequivocal directions given by this Court regarding relocation of critically-endangered species to their respective sanctuaries."

The IHC bench noted that the constitution of the Wildlife Management Board by the federal government vide notification, dated 16 March 2020, was definitely in line with its commitments under the ratified international conventions.

The secretary Ministry of Climate Change was directed to submit a detailed report after completing the probe.

The order said: "This court cannot turn a blind eye to the gross negligence or complacent conduct, whether intentional or unintentional, on part of the members of the Wildlife Management Board and the authorities of the Ministry of Climate Change. It, prima facie, appears that they have exposed themselves to be proceeded against under the Contempt of Court Ordinance, 2003."

The court, after issuing notices, adjourned the hearing until August 27th.

Copyright Business Recorder, 2020

Copyright Business Recorder, 2020