The Supreme Court has put on hold a judgment by the Islamabad High Court (IHC) ordering authorities to close the Monal Restaurant in the federal capital.
“The magistrate had ordered to shut Monal Restaurant without due notice,” the court said. “The restaurants in Monal’s immediate vicinity were notified before they were sealed.”
The Islamabad Wildlife Management Board (IWMB) had shut the eatery without a documented order of the IHC, according to a three-member bench consisting of Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, and Justice Mazahir Ali Akbar Naqvi.
Justice Ahsan questioned why, if other businesses were given notice before closing, however, Monal Restaurant was not.
Read more: Govt decides to permanently shut down Monal Restaurant Islamabad
“There would not have been a problem if all legal procedures had been completed in this case,” Justice Ahsan observed, “but it appears that Monal is being targeted.”
During the hearing, Justice Ahsan questioned Makhdoom Ali Khan, the restaurant’s lawyer, if IHC had issued a signed copy of the decision.
“I neither have the high court’s short order nor do I have the entire judgement,” the lawyer added.
Khan told the judge that he had filed an intra-court appeal twice, but that the case would be dismissed even before a hearing could be held.
IWMB Chairperson Reprimanded
Justice Ahsan chastised IWMB Chairperson Rina Ahmed, asking how Monal restaurant was closed before the court issued a thorough ruling.
“Since the wildlife board was not a party to the case, how did it manage to be so efficient?”
The judge inquired as to how many restaurants at Margalla Hills had been closed, and the chairperson responded that Gloria Jeans and La Montana had been handed notices.
‘Verbal Order Has No Standing’
In response to the IHC’s judgement, Justice Naqvi stated, “A verbal order has no standing.”
The restaurant’s contract had expired six months prior, according to a Capital Development Authority (CDA) employee present during the hearing. At this point, Justice Ahsan stated that the CDA-Monal case would be heard by the appropriate civil court.
The hearing was afterwards postponed temporarily by the SC.
IHC’s Order
IHC Chief Justice Athar Minallah ordered authorities to close Islamabad’s hilltop Monal Restaurant, which is located in the Margalla Hills National Park, on January 11.
The judge had stated, “This court will preserve the greater public interest,” stressing that the property of the national park belongs to the state and that no commercial activity are permitted there.
