ISLAMABAD: The Supreme court on Thursday rejected Monal Restaurant’s plea seeking a stay order and permission to reopen it.
A three-member SC bench comprising Justice Ijaz Ul Ahsan, Justice Muneeb Akhtar, and Justice Sayyed Mazahar Ali Akbar Naqvi heard the case filed by the Monal Group of Companies, Islamabad against sealing premises of Monal Restaurant. During the course of proceedings, the bench remarked that it would announce decision after detailed judgment of the Islamabad High Court.
However, the apex court observed that an appropriate order would be issued if a detailed decision was not announced within two weeks. Advocate Makhdoom Ali Khan counsel for Monal Restaurant said that the IHC’s short order was also without a signature. At this, Islamabad Wildlife Management Board (IWMB) Chairperson Rina Saeed Khan said that the board had a written order of the IHC.
Justice Muneeb Akhtar reprimanded the chairman for interfering during the proceedings, while the counsel for Monal Restaurant argued that an unsigned order was subject to change. Makhdoom Ali Khan said that the wildlife board was not a party to the case. He asked how could it take possession of the land without a written order? He said that there were currently 13 restaurants, besides Monal, that were functional within the Margalla Hills National Park area.
The IHC ordered to close Monal and ordered an inquiry against the others, he added. Justice Ijaz accepted the IWMB’s request to become a party to the case. He said that the Ministry of Defence’s request to become a party at present could not be decided upon. With regard to the petition submitted by the Ministry of Defense, the Supreme Court stated that the issue would remain pending till the IHC’s detailed decision.
Additional Attorney General (AAG) Qasim Wadud argued that the land on which Monal was operating upon owned by the federal government and it had been allotted to Veterinary Farms. He said that the high court ruled that the national park’s land could not be given to veterinary farms. Justice Muneeb Akhtar stated that it would be appropriate for the Ministry of Defense to present a clear position through an intra-court appeal. Subsequently, the court adjourned the hearing for two weeks.
