Justice Jamal Recuses from Supreme Court Houbara Bustard Case

In a significant development regarding wildlife conservation in Pakistan, Justice Jamal Khan Mandokhail has recused himself from the Supreme Court bench hearing the houbara bustard case. The houbara bustard, a migratory bird, has been at the center of a heated debate due to its hunting practices, which have raised serious environmental and ethical concerns.

The case was being heard by a five-member bench led by Justice Amin-ud-Din, which included Justice Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, and Justice Musarrat Hilali. During the proceedings, Justice Mandokhail disclosed that he had previously adjudicated a related case while serving as a judge in the Balochistan High Court. He deemed it inappropriate to participate in the Supreme Court hearing, leading to his decision to step down from the bench.

During the hearing, Additional Attorney General Amir Rehman argued that hunting the houbara bustard is akin to the officially sanctioned hunting of the Markhor, also known as the Ibex. He referred to this practice as "trophy hunting," which is permitted under specific regulations. However, Justice Mandokhail countered this argument, emphasizing that there is a fundamental difference between the hunting of houbara bustards and the trophy hunting of Ibex. Justice Musarat Hilali further elaborated on this distinction by noting that houbara bustards are migratory birds, which adds another layer to the debate surrounding their hunting.

Former Supreme Court Justice Qazi Faez Isa has also expressed serious concerns regarding the majority decision that overturned the 2015 ban on houbara bustard hunting. This decision has sparked widespread criticism from environmentalists and wildlife advocates who argue that such practices threaten the survival of the species.

The hunting season for houbara bustards is set to officially commence on November 3, 2024, and will conclude at sunset on February 28, 2025. During this period, hunters are required to adhere to established regulations concerning approved shotguns, highlighting the need for responsible hunting practices.

As the case continues to unfold, it raises important questions about the balance between cultural practices and wildlife conservation. The houbara bustard, a symbol of the delicate ecosystem in Pakistan, deserves protection and careful consideration. The ongoing discussions in the Supreme Court will undoubtedly play a crucial role in shaping the future of wildlife conservation efforts in the country. It is essential for all stakeholders to engage in meaningful dialogue to ensure that both cultural traditions and environmental sustainability are respected.