The Sindh High Court (SHC) directed the federal authorities to submit their replies to a petition calling for protection to the endangered wildlife and action against the traffickers.
The SHC’s division bench was hearing a petition filed by non-government organisations including the World Wide Fund for Nature-Pakistan, Pakistan Animal Welfare Society and others, seeking an investigation into the smuggling of endangered species, including black-spotted turtles and tortoises, and prosecution of wildlife smugglers under anti-smuggling and customs laws.
The court also extended till December 12 its interim order staying the proceedings pending before a Malir’s judicial magistrate in turtle-smuggling case.
It directed the Federal Bureau Revenue’s (FBR) counsel to submit a report about the proceedings against wildlife trafficker pending before custom authorities. The court also issued fresh notice to the alleged trafficker to respond to the petition by December 12.
The World Wide Fund for Nature Pakistan and others non-government organisations (NGOs) approached the court against the federal as well as provincial authorities for their failure to take action against the traffickers under the customs laws.
Advocate Faisal Siddiqui, representing the petitioners, submitted that smuggling of turtles and tortoises particularly black-spotted turtles, declared vulnerable and endangered species had escalated in the past two years.
Recently, 218 fresh water black spotted turtles, which were being smuggled to Thailand, were confiscated from Karachi Airport. Subsequently, the custom authorities arrested the alleged smuggler and handed over to Sindh wildlife department without registering a case against him under the Custom Act 1969.
The Sindh wildlife department registered a case against the accused under the Sindh Wild Life Ordinance 1972 and produced him in court of Malir’s judicial magistrate. However, the alleged smuggler was later released by court on bail.
He argued that custom authorities had confiscated travelling document of the alleged smuggler under the custom laws but it did not institute proceeding against him which was required to be initiated under the Custom Act 1969.
He submitted that Malir’s judicial magistrate was adamant on framing charges against alleged smuggler without providing opportunity of hearing to him. He said he had also filed an application for transfer of case from the court of present judge to another competent court.
In response to the court notice, the FBR’s assistant collector submitted a reply stating that custom authorities were prosecuting the wildlife trafficker under the Custom Act 1969 and a show-cause notice was also issued to him under the Act.