Pakistan’s Federal Constitutional Court on Monday set aside a decision ordering the demolition of Monal Restaurant at Pir Sohawa, allowing appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad.
The court lifted the stay order and ruled that ownership disputes relating to the property would be decided by the relevant trial courts independently, without being influenced by the constitutional court’s observations. It also directed the trial courts to dispose of the pending cases as expeditiously as possible.
The bench further held that administrative matters concerning the property would be determined by the relevant regulatory authorities. However, it rejected Monal Restaurant’s request for an immediate reopening.
During the hearing, Justice Hassan Azhar Rizvi observed that the earlier Supreme Court judgement had failed to consider several important aspects of the case. He said that the court had also shown displeasure over the filing of the case and a subsequent review petition, adding that the previous judgement contained material that was not part of the pleadings or judicial proceedings.
“We are not going to deliver an emotional judgement,” Justice Rizvi remarked, stressing that the court’s ruling would be based solely on the record and arguments presented during the hearings.
When counsel Ahsan Bhoon praised the bench for thoroughly examining the case, Justice Rizvi asked him not to commend the court, saying judges would decide only what had emerged during the proceedings. “We will not write an Alif Laila story in the judgement,” he remarked, adding that after reading the earlier ruling, it appeared that several observations had been included that fell outside the actual court proceedings.
The ruling effectively revives the appeals filed by the CDA and the Metropolitan Corporation while leaving the questions of ownership and regulatory authority to the appropriate judicial and administrative forums.
