2003 PLP 1621 (MLD)
WAHID BUX — Petitioner Versus GOVERNMENT OF SINDH and others — Respondents
| Citation | 2003 PLP 1621 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | WAHID BUX — Petitioner Versus GOVERNMENT OF SINDH and others — Respondents |
Q1: What are the key laws and sections cited in 2003 PLP 1621 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1621 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1621 (MLD) (WAHID BUX — Petitioner Versus GOVERNMENT OF SINDH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Ss.13, 7, 10 & 17
Contempt of Court Act (LXIV of 1976), Ss. 6 & .7
Constitution of Pakistan (1973), Arts. 199 & 204
Constitutional petition
Making false contradictory statement before High Court
Effect
Complaint regarding harassment being caused by respondent (Inspector, Wildlife Department) by seizing birds on pretext that petitioiler was not 4cence holder; and that on being approached, Department declined to issue licence as petitioner was breeding birds of foreign origin not covered by licence
Respondent verbally denied such allegations before Court, but in comments filed later on, he stated to have seized parrots and registered a case against petitioner
Respondent by contradicting his earlier oral statement and fabricating back dated false case by using his official position to intimidate petitioner from pressing present matter, had interfered with functions of Court, which constituted contempt. of Court punishable under Ss.6 & 7 of Contempt of Court Act, 1976 read with Art.204 of the Constitution
Deputy Conservator of Department, had stated that no wild parrots or Australian parrots were seized at all; that for breeding/selling of foreign birds/parrots not found in Wilds of Pakistan, no permission or licence was required; and there wag no restriction on dealing of Australian pet birds
Respondent, in circumstances, had abused his official position and concocted a false case
High Court accepted unconditional apology of respondent, warned him to be careful in future, ordered him to pay Rs.10,000 to petitioner as compensation, quashed the proceedings of case registered against petitioner with directions to recover amount payable under the case from respondent and not from petitioner, complete disciplinary proceedings already initiated against respondent on account of such misconduct within six months and make entry of illegal acts of respondent in his service book.
Judgment & Decree
Dated 25-2-2003 (Sd) (Hussain Bux), Deputy Conservator Wildlife Hyderabad." He has also stated before Court that details of the protected species wile life are provided in first schedule as prescribed under Form-I of Sindh Wild Life Protection Ordinance, 1972. For breeding and selling of the different varieties of foreign birds and parrots of foreign origin, not found in wild in Pakistan, no permission or licence is required and. thereafter, placed on record a certificate dated 26-2-2003 to the effect that there is no legal restriction on the dealing of Australian pet birds, (Bajrigars) only. This followed a detailed certificate dated 28-2-2003 mentioning the Australian as well as South African birds/parrots which is reproduced as under:-- "CERTIFICATE It is submitted that the details of Australian Birds/Parrots and South African Birds/Parrots are as under: Name of pet birds/parrots Australian Birds. (1) Blue Bonnet, (2) Budgerigar, (3) Bourke's Parrot, (4) Ground Parrot, (5) Night Parrot, (6) Cockatoos, (7) Crested Cockatoo; (8) Little Corella, (9) Western Corella (10) Long Billed Corella. Name of pet birds/Parrots Southern Africa (1) Cape, Parrots, (2) Brown headed Parrots, (3) Roserigned poraket, (4) Rose faced love birds, (5) Lillian's Love birds, (6) Louries Parrots. (1) Knyshaes louries, (2) Living stones, (3) Rosses luries, (4) Grey louri do not require any dealer licence vide SSndh Wild Life Protection Ordinance, 1972. It is for your kind perusal and favourable orders (Sd) 28-2-2003 Game Warden District Hyderabad Sindh." Mr. Masood A. Noorani learned A.-G. has stated that the purpose would be appropriately served if the respondent is appropriately punished for his highhandedness in view of the proposed action by the Department against him and prayed for mercy on behalf of the respondent and suggested that taking a lenient view, compensation to the extent of Rs,10,000 may be awarded to the petitioner. Accordingly it is ordered that the respondent will make payment of a sum of Rs.10,000 to the petitioner before the Additional Registrar of this Court in three instalments as follows:-- (i) Rs.3,000 on 10-3-2003 (ii) Rs.3,500 on 10-4-2003 (iii) Rs.3,500 on 10-5-2003 In case of failure in making any instalment on the specified date the' entire balance amount shall become due and payable. Respondent also submitted unconditional apology and stated that he will behave properly in future and will act in accordance with law. In view of the facts that these department is already taking action against him under the Disciplinary Rules. Entry of the illegal acts of the respondent will be made in the Service Book of the respondent. He is warned to be careful in future. The unconditional apology- is accepted in view of above. On completion of departmental 'proceedings copy of the' final order will be forwarded to the Additional Registrar of this Court for placing the same on the case file within a period of six months. In view of above false contradictory statements of the respondent proceedings; registered under sections 13, 7, 10, 17 (33a) Wild Life Act vide F.O.P. No.35 of 2003, are hereby ordered to be quashed to the extent; as against the petitioner, however, the amount payable under the said F.O.R. No.35 of 2003 shall be recoverable from the respondent and copy of the receipt, thereof, duly attested by the Deputy Conservator Hyderabad shall be placed on record of this case after payment within 30 days. The petitioner is disposed of in the above terms. S.A.K./W-39/K?????????????????????????????????????????????????????????????????????????????????? Petition disposed