Key Takeaways
- The Federal Constitutional Court has overturned a Supreme Court order to demolish Monal Restaurant.
- The court found the higher judiciary failed to ensure due process and a fair hearing.
- It directed that the dispute over Monal’s lease and land ownership be decided by a civil court.
In a significant legal ruling, the Federal Constitutional Court has declared the Supreme Court's decision in the Monal Restaurant case as legally unsustainable. The court's detailed judgment, authored by Justice Hassan Azhar Rizvi, sets aside the earlier order directing the demolition of the restaurant, citing procedural irregularities and lack of due process.
The Constitutional Court’s ruling highlights that the higher judiciary failed to record evidence and denied the affected parties a proper opportunity to present their case. This failure, according to the court, rendered the previous proceedings legally unsustainable. The judgment also criticized the Islamabad High Court for issuing observations and ordering inquiries against restaurants operating in the Margalla Hills that were not directly involved in the Monal dispute.
The court further emphasized that the Supreme Court’s ruling effectively rendered pending civil court proceedings ineffective. It noted that the dispute over Monal Restaurant's lease and ownership of the land was already under consideration by a civil court when the Islamabad High Court decided the constitutional petition. The Constitutional Court held that regulatory authority over the area rests with the Capital Development Authority (CDA), invalidating earlier directions to deposit lease payments with the Wildlife Board.
Justice Rizvi’s judgment specifically criticized the Supreme Court for failing to correct legal errors and incorrectly interpreting relevant provisions of the Wildlife Act. It ruled that the decision to cancel all leases in the Margalla Hills was contrary to law, directing that the dispute over Monal Restaurant's lease and land ownership be decided by a competent civil court in accordance with the law.
The ruling has significant implications for future legal proceedings involving regulatory authorities and property rights in Islamabad. Legal experts suggest this judgment sets a precedent for ensuring due process and fair hearings in similar cases, emphasizing the importance of judicial oversight and adherence to established procedures.
Monal Restaurant’s management expressed relief at the court's decision, stating, “We are pleased with the Constitutional Court's ruling as it upholds our rights and ensures a fair legal process.” The restaurant has been operating under uncertainty since the Supreme Court's order, which was seen by many as an overreach of judicial power.
The case underscores the ongoing tension between regulatory authorities and property owners in Islamabad. It highlights the need for clear guidelines and consistent application of laws to prevent such procedural irregularities in future legal disputes.
We are pleased with the Constitutional Court's ruling as it upholds our rights and ensures a fair legal process.
Monal Restaurant management, Restaurant owner
