FCC rejects plea seeking immediate reopening of Islamabad’s Monal Restaurant
Adjourns case hearing until second week of July
Rejecting the petition seeking immediate reopening of the Monal restaurant in Islamabad, the Federal Constitutional Court (FCC) on Thursday adjourned the case’s hearing until the second week of July, reported 24NewsHD TV channel.
During the hearing of a review petition filed by the Capital Development Authority (CDA) against the closure and demolition of the restaurant, the FCC raised questions over the Supreme Court’s (SC) verdict in which it had ordered the demolition of the restaurant.
A three-member bench, headed by Justice Hassan Azhar Rizvi, heard the review petition.
Justice Rizvi remarked that according to the apex court’s decision, animals had rights, but humans did not.
The judge said that the restaurant lease case was pending in a civil court. “Similarly, intra-court appeals filed by the owners of some restaurants were also pending in a high court,” he added.
Ahsan Bhoon, counsel for the owner of Monal Restaurant, on the occasion, said that just one decision by the SC disposed of all cases pending in the courts.
Justice Rizvi asked why the point that all parties to the case should be heard was not raised while the case was before the SC. “Had all lawyers become deaf and dumb at that time?” he questioned.
The judge pointed out that some important points had not been raised in the CDA’s plea.
Additional Attorney General (AAG) informed the FCC that a law pertaining to the Wildlife Board had been enacted in 2024.
Bhoon said all stakeholders agreed the civil court should hear the case.
The AAG, on the other hand, said that all lawyers agreed that the apex court’s verdict be declared null and void.
Justice Rizvi replied that this was not the consensus between lawyers which determined a court’s decision. “I think the court will have to give a detailed decision to annul the SC’s verdict,” he said, and added that the FCC did not want to impose its decision on the parties the way the apex court had done.
“Do you want us to give a decision without listening to the parties to the case?” Justice Rizvi questioned, and adjourned the hearing.
Reporter: Amanat Gishkori