Constitutional Court Sets Aside Monal Demolition Order

 Islamabad: (PNP) The Federal Constitutional Court has delivered a significant ruling regarding the Monal Restaurant located at Pir Sohawa, setting aside the decision to demolish the restaurant.

The court allowed the appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI) and also vacated the previously issued stay order.

In its judgment, the court held that the ownership dispute concerning Monal Restaurant will be decided by the trial courts, which must determine the matter independently and in accordance with the law, without being influenced by any observations made by the Federal Constitutional Court. The trial courts were also directed to decide the pending cases as expeditiously as possible.

The Federal Constitutional Court further clarified that administrative matters related to the case should be decided by the relevant regulatory authorities.

During the hearing, Justice Hasan Azhar Rizvi remarked that several important aspects had not been taken into consideration in the Supreme Court’s judgment. He noted that the court had expressed displeasure even over the filing of the case and the review petition, while the judgment also included observations on issues that had not been mentioned in the pleadings.

Justice Rizvi further stated, “We will not deliver an emotional judgment,” adding that “our order will be based solely on what was argued during the hearing.” He also remarked, “We are not going to write an Arabian Nights story in the judgment,” observing that the previous decision appeared to include several matters that were outside the scope of the court proceedings.

During the proceedings, counsel Ahsan Bhoon praised the court’s handling of the case, saying it had examined the matter with great care and attention. Smiling, Justice Hasan Azhar Rizvi responded, “Please don’t praise us in court.”