PESHAWAR: The Supreme Court on Tuesday overturned the Islamabad High Court’s (IHC) order of sealing Monal restaurant.
A bench, headed by Justice Ijaz Ul Hasan, maintained that in principle the IHC has issued no order as the oral order has no constitutional and legal status. “The High Court did not issue an order and the magistrate has sealed the Monal Restaurant without any notice,” Justice Hasan said.
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During the hearing, the court also said that notices were issued before sealing other restaurants on Margalla hills. According to the court, Wildlife and Management Board sealed Monal without a certified copy of the Islamabad High Court order.
During the hearing the Supreme Court bench also reprimanded Wildlife Board chairperson Rana Ahmed for repeat interference and removed her from the rostrum. On this occasion, Justice Sayyed Mazahar Ali Akbar Naqvi remarked, “Is it the kingdom that the emperor issued the decree and it was implemented before being signed?”
Earlier, Monal restaurant lawyer Makhdoom Ali Khan argued that the Capital Development Authority (CDA) has sealed Monal even before the written order. The lawyer said that the dispute between CDA and Monal was pending before the civil court, thus, the high court could not issue order in the case.
On 11 January, the Islamabad High Court (IHC) Chief Justice Athar Minallah directed the Capital Development Authority to seal off the Monal Restaurant and the Pakistan Navy-run golf course located in Islamabad’s Sector. The order was issued while hearing of a case against encroachments in Margalla Hills National Park. The court had also stopped the construction of Defense Complex and declared the Military Directorate’s claim on 8,000 acres of land ‘illegal’ and ordered that the land be returned to the National Park. The court had also ordered the CDA to seize the Navy Golf Course in Islamabad.