SC suspends IHC decision to seal Monal Restaurant

ISLAMABAD: The Supreme Court (SC) Tuesday suspended Islamabad High Court’s (IHC) verdict in the Monal Restaurant case and ordered that authorities to de-seal the restaurant in the capital.

A three-member bench of the apex court, comprising Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, and Justice Mazahir Ali Akbar Naqvi, overturned the IHC’s decision while hearing a petition challenging the verdict to seal the Monal Restaurant.

At the outset of today’s hearing, Justice Ahsan asked if other restaurants were served a notice prior to their closure, then why wasn't a notice given to Monal Restaurant beforehand.

"Had all legal checks been crossed in this case, there would not have been a problem, but it seems like Monal is being targeted," Justice Ahsan observed.

Justice Ahsan, during the proceedings, asked the restaurant's lawyer, Makhdoom Ali Khan, whether IHC issued a signed copy of the order.

At this, the lawyer said: "I neither have the high court's short order nor do I have the detailed verdict."

Khan told the judge that he had moved an intra-court appeal twice, but even before a hearing could take place, the case would be dismissed.

How was the restaurant sealed before court’s detailed order?

Reprimanding IWMB Chairperson Rina Ahmed, Justice Ahsan asked how was the restaurant sealed before a detailed order of the court.

"The wildlife board was not a party in the case, then why did it show efficiency here?"

The judge asked how many restaurants had been sealed at Margalla Hills, to which the chairperson said that Gloria Jeans and La Montana had been served notices.

As the proceedings moved forward, the chairperson interrupted the justices, following which she was removed from the rostrum.

'Verbal order has no standing'

"You were asked to sit down, can't you understand that?" Justice Naqvi told the chairperson.

"A verbal order has no standing," Justice Naqvi said about the IHC's order.

A Capital Development Authority (CDA) official present at the hearing told the court that the restaurant's lease had expired six months back. At this, Justice Ahsan said the relevant civil court would hear the CDA-Monal case.

Later, the SC adjourned the hearing for an indefinite period.

IHC's verdict

On January 11, IHC Chief Justice Athar Minallah had ordered authorities to seal Islamabad's hilltop Monal Restaurant — situated at the Margalla Hills National Park.

"This court will protect the wider public interest," the judge had said, noting that the national park's land belongs to the state, and no commercial activities could be carried out there.

"No one can even cut the grass on the land; this land belongs to the state."