IN a watershed moment for environmental justice, the Supreme Court of Pakistan has delivered a landmark verdict, cracking down on the destruction of the Margalla Hills National Park and exposing the corrupt alliance between powerful individuals, institutions and authorities who have been exploiting the law for personal gain. The judgment in Islamabad Wildlife Management Board versus Capital Development Authority has sent a strong message about the importance of upholding the law and protecting the environment. On 22 August 2024, the court ordered the Wildlife Management Board to take possession of the Monal Restaurant premises on September 11, 2024, with the help of the
Capital Development Authority (CDA) and Islamabad Capital Territory (ICT) Police. The judgment, authored by Justice Qazi Faez Isa, Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan, emphasized the protection of fundamental rights under Articles 9 and 14 of the Constitution, which guarantee the right to life, liberty, dignity and freedom from torture. The court has also ordered the protection and restoration of the Margalla Hills National Park, which has been ravaged by illegal construction and encroachment. SC has held that the destruction of the park violates the fundamental rights of citizens and is a constitutional obligation of the state to protect. The court has directed the demolition of the Navy Golf Course, built illegally on encroached land and the restoration of the area to its original state. The court has also ordered an inquiry into the encroachment and unauthorized construction within the park and directed the recovery of losses from those responsible. The destruction of the Margalla Hills National Park has resulted in the loss of several species, including the
Grey Goral and Cheer Pheasant and has harmed the human species across the globe. The decision highlighted the conspicuous disregard for regulations by powerful individuals and institutions, including Luqman Ali Afzal, who signed two illegal lease agreements with the CDA and Remount, Veterinary and Farms Directorate (RV&FD), leading to the destruction of the Margalla Hills National Park.
The court has criticized Mr. Luqman Ali Afzal, the lessee of a property within the park, for unilaterally discarding his lessor, the Capital Development Authority and entering into a new lease with the Remount, Veterinary and Farms Directorate, a non-legal entity and cultivating relationships with powerful individuals and violating the law for years. The Remount, Veterinary and Farms Directorate’s claim to ownership of the land, citing a 110-year-old permission to collect fodder has also been questioned by SC. The Federal Government has stated that this permission does not confer ownership rights and the RV&FD Lease is “void ab-initio”.
The case has revealed a complex web of illegal activities, including unauthorized construction and encroachment within the national park. The judgement will have significant implications for environmental protection and the rule of law in Pakistan. Furthermore, The Supreme Court of Pakistan has ordered the removal of all restaurants from the Margalla Hills National Park, citing violations of the Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979. The court has given restaurant owners three (03) months to vacate the premises.
SC has sustained the Islamabad High Court’s decision, declaring all leases, licenses, allotments, or permissions granted by CDA or the Directorate to operate restaurants in the National Park as “of no legal effect” and set them aside. The court has also directed CDA to assist the Islamabad Wildlife Management Board in managing the National Park and has suggested appointing a CDA officer conversant with conservation and environment to the Board. Moreover, the judgement has emphasized the importance of protecting the National Park’s scenery, flora and fauna in their natural state, citing the Ordinance’s objectives. The activities such as hunting, felling trees and polluting water within the National Park have also been prohibited as per given judgement. This landmark decision sets a precedent for environmental protection in Pakistan, emphasizing the need to preserve and conserve national parks and wildlife sanctuaries. It is a victory for environmental justice and the rule of law in the country.
The judgment exposed the involvement of CDA, RV&FD and other institutions in facilitating these illegal activities, which have harmed the environment and threatened the survival of various species. The verdict has clearly uncovered the corrupt alliance between powerful individuals, institutions and authorities in exploiting the law for personal gain. Luqman Ali Afzal, the owner of Monal Group, in collusion with the Capital Development Authority (CDA), Remount, Veterinary and Farms Directorate (RV&FD) and other facilitators, illegally occupied a land of national park in the Margalla Hills, violating law and causing irreparable harm to the environment and wildlife. Wildlife
Management has been ordered to reclaim possession of the Monal area and to restore the crept land and demolish the illegal Golf Course outside Sector E-8, but its implementation remains a challenge. The case has far-reaching ramifications, revealing a rotten system where institutions and authorities prioritize personal interests over the law and public interest. The decision has set a ray of hope for a better future, where the law wields the sceptre and the environment is protected, it is a turning point in Pakistan’s struggle for environmental justice and the rule of law, and its implementation will determine the country’s commitment to protecting its natural resources and wildlife for future generations. The time for action is now and the nation’s future depends on it. We must break free from the chains of greed and incompetence that have held us back for so long and work towards a brighter future for all, where the savage destruction of wildlife is a thing of the past!
—The writers are contributing columnist.
