Federal, provincial govts directed to ensure implementation of laws

Karachi
The Sindh High Court (SHC) on Wednesday directed federal and provincial governments to ensure enforcement of laws for safety and protection of wildlife species including marine turtles and tortoise.
The direction came upon a petition filed by non-governmental organisations, including the World Wide Fund for Nature-Pakistan, Pakistan Animal Welfare Society and others seeking an investigation into the smuggling of endangered species specifically black-spotted turtles and tortoise; also asked to prosecute smugglers under the anti-smuggling and customs laws.
The petitioners had submitted in their application that black-spotted turtles and tortoise were endangered species and were protected under the Pakistan Trade Control of Wild Flora and Fauna Act, 2012 as well as other related wildlife and anti smuggling laws.
Illegal trafficking of the turtles mainly from South Asia had escalated in the past two years where the species were later shipped to Thailand for sale, the petitioners maintained.
Referring to a report regarding smuggling of endangered wildlife species, they said over 1,960 turtles were seized in 22 raids conducted between January 2008 and March 2014; around 95 percent confiscated in the past 15 months.
The petitioners submitted that the black-spotted turtles were worth $1,780 in the black market and were frequently smuggled from Pakistan to China and Thailand whereas a few smugglers had also been arrested from the airport.
The counsel for the petitioners, Faisal Siddiqui, submitted that one of the traffickers, Sajid Cheema, was arrested from Karachi with 218 black-spotted turtles on September 20, 2014 but was handed over to the Sindh Wildlife Department instead of being booked under the customs laws.
He added that Cheema, released on bail, was being tried under the Sindh Wildlife Ordinance before a judicial magistrate in Malir district instead of being tried under the customs Act.
The counsel asked the court to direct both the governments to ensure protection of endangered species as well as prosecute the traffickers.
Standing counsel, Liaquat Hussain Sheikh, submitted that the federal government had no objection if the petition was allowed as prayed except trial proceedings of the alleged smuggler as the petitioners had alternate remedy for such purpose.
He assured of all possible measures to curb smuggling by the federal government.
The SHC’s division bench headed by Justice Sajjad Ali Shah allowed the petition as prayed, by directing federal and provincial governments to ensure enforcement of the laws, particularly Pakistan Trade Control of Wild Flora and Fauna Act, 2012; Pakistan Fish Inspection and Quality Control Act, 1997; the Prevention of Cruelty to Animals Act, 1890; the Sindh Wildlife Protection Ordinance, 1972 and Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The court also directed the government to develop and enforce procedures and mechanism meant for the safety and protection of wildlife species including turtles and tortoises.
It further directed to publish a detailed report on illegal export and smuggling of wildlife species and other incidents leading to their extinction and also directed the governments to conduct investigations into incidents involving government officials, departments or private institutions.
Turtle smuggling in Pakistan came into the limelight after Chinese customs authorities confiscated a consignment of 220 black spotted turtles near the Pak-China border in August, 2014.
According to CITES, to which Pakistan was also a signatory, the turtles were repatriated to the country of origin.
The illegal trade of black spotted turtles escalated over the past two years in Pakistan due to a higher market demand complemented with loose enforcement of laws.
The black-spotted turtles could be easily found along the entire Indus River and in other wetlands. A vital part of the freshwater ecosystem the species add to the ecological system which could get severely disrupted if they became extinct.