PESHAWAR: The Supreme Court of Pakistan (SCP) on Wednesday rejected the petition seeking the suspension of Islamabad High Court (IHC) ruling and the reopening the closure of Monal Restaurant.
A three-member bench of SCP headed by Justice Ijaz ul Ahsan heard the case. The 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, therefore, the high court could not issue order in the case.
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IHC orders sealing off Monal Restaurant, Navy Club
Justice Mazahir Ali Akbar Naqvi questioned the lawyer whether the judgment of the Islamabad High Court has deviated from the usual procedure? On this, the lawyer said that the IHC issued the verdict without recording the evidence. According to Makhdoom Ali Khan, Monal Restaurant was not a party in the case and High Court had ordered the sealing of Monal through a suo motu order. He informed that bench that no petitioner had requested for sealing Monal restaurant.
Justice Ijaz ul Ahsan maintained that the court will issue its judgment after hearing all the parties. The apex court issued notice to federal government and adjourned the hearing of the case till next week.
On 11 January, The Islamabad High Court (IHC) Chief Justice Athar Minallah directed the Capital Development Authority (CDA) to seal off the Monal Restaurant and the Pakistan Navy-run golf course located in Islamabad’s Sector.
The chief justice of IHC, while hearing of a case against encroachments in Margalla Hills National Park, also stopped the construction of Defense Complex. Secretary Home, Secretary Defense and Chairman CDA were present during the hearing. The court declared the Military Directorate’s claim on 8,000 acres of land is ‘illegal’ and ordered that the land be returned to the National Park.