Supreme Court Pressure Forces Government to Reverse Control Shift of Islamabad Wildlife Board

ISLAMABAD: The federal government was compelled to reverse a significant administrative change after the Supreme Court objected to the decision to transfer control of the Islamabad Wildlife Management Board (IWMB) from the climate change division to the interior ministry.

The reversal came after a three-judge Supreme Court bench, led by Chief Justice Qazi Faez Isa, heard contempt petitions related to an earlier order to relocate restaurants from the Margalla Hills National Park, including the renowned Monal restaurant.

The bench expressed serious concern over the decision to transfer the IWMB from the climate change division to the interior ministry, which has no role in the protection and conservation of national parks. The bench questioned Attorney General for Pakistan (AGP) Mansoor Usman Awan and Climate Change Secretary Eazaz A Dar on whether it was appropriate for the interior ministry, responsible for law and order, to manage conservation efforts.

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While the climate change secretary stated that he was not consulted on the matter and opposed the move, AGP Awan admitted that the IWMB should remain under the climate change division. The AGP suggested that the prime minister might not have received proper advice or that the issue was not given due consideration. He requested time before the court took action on the contempt petitions.

The court postponed contempt proceedings until August 15, when it will review a concise statement from the federal government regarding the transfer. In its five-page order, the court emphasized that AGP Awan should personally brief Prime Minister Shehbaz Sharif and bring the court’s concerns to his attention.

On July 19, 2024, a notification was issued transferring the management of the IWMB to the interior ministry and announcing the removal of Raina Saeed Khan as its chairperson. However, following the court hearing, the Cabinet Division issued a fresh notification, on the prime minister’s orders, retracting the earlier decision and confirming that the IWMB would continue under the Climate Change and Environmental Coordination Division.

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Advocate Umar Ijaz Gillani, representing the petitioners, argued that the June 11 court order was being violated, claiming the notification was issued to facilitate further destruction of the protected Margalla Hills National Park. He contended that the transfer of the national park’s management to the interior ministry, which lacks the necessary expertise in conservation, was inappropriate and raised concerns of nepotism, particularly since Luqman Ali Afzal, the owner of Monal, is the brother of Cabinet Secretary Kamran Ali Afzal.

The court, noting the serious allegations against the cabinet secretary, called for the AGP, Mr. Afzal, and the climate change secretary to clarify the situation. When Kamran Ali Afzal confirmed his relation to Luqman Ali Afzal, the court questioned whether the necessary cabinet approval was sought before issuing the notification. Mr. Afzal responded that it was not required under Rule 3(3) of the Rules of Business, 1973 of the Federal Government. The court, however, viewed this explanation with suspicion, suggesting it indicated nepotism and a conflict of interest.

Additionally, the petitioners pointed out banners across the capital advertising a housing scheme named ‘Pine City,’ with the Capital Development Authority (CDA) listed on the hoardings. They argued that the national park was at risk of further desecration with the potential approval of the ‘Pine City’ project. The court issued notices to the CDA chairman, demanding a full disclosure on the project and any other developments within the national park.

The court adjourned further proceedings until August 15.