ISLAMABAD – The Federal Constitutional Court on Monday set aside an earlier decision ordering the demolition of the Monal Restaurant located in Islamabad’s Pir Sohawa area.
The court allowed appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI), while also vacating the stay order that had been in place in the case.
In its ruling, the Constitutional Court observed that the issue of ownership would be decided by the relevant trial courts independently and without being influenced by the observations made in the judgment. It further held that matters relating to administration and regulation fall within the jurisdiction of the competent regulatory authorities.
The court also directed the trial courts to dispose of the pending cases at the earliest.
During the proceedings, Justice Hassan Azhar Rizvi remarked that several important aspects had not been taken into account in the earlier Supreme Court ruling. He said the Constitutional Court would decide the matter on legal grounds rather than emotions.
At one point during the hearing, counsel Ahsan Bhoon praised the court for its detailed examination of the case. In response, Justice Rizvi asked the lawyer to refrain from complimenting the bench, stating that the court would issue its decision strictly on the basis of the arguments and evidence presented.
Justice Rizvi also observed that judicial decisions should remain confined to the facts and legal issues before the court, adding that judgments should not include matters beyond the scope of the proceedings.
Following the hearing, the Federal Constitutional Court formally annulled the previous verdict that had ordered the demolition of the Monal Restaurant at Pir Sohawa.
Islamabad’s Monal Restaurant shuts down in September for Margalla Hills Park preservation
