Constitutional court overturns order for demolition of Monal Restaurant

The Federal Constitutional Court (FCC) on Monday accepted appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation in the Monal Restaurant case, setting aside the earlier decision ordering the restaurant's demolition.

According to the 24NewsHD TV channel, during the hearing, the court vacated the stay order that had been in place. The court ruled that the ownership dispute should be decided by the trial court independently and without being influenced by any judicial observations made during previous proceedings.

The court further held that all administrative matters relating to the case should be decided by the relevant regulatory authorities.

The latest ruling follows an earlier hearing on 11 June, when the FCC rejected a petition seeking the immediate reopening of Monal Restaurant and adjourned the review proceedings until the second week of July.

At that last hearing, a three-member bench headed by Justice Hassan Azhar Rizvi heard a review petition filed by the CDA challenging the closure and demolition of the restaurant. The bench questioned the Supreme Court's earlier judgement that had ordered the demolition.

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.

The 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