Non-issuance of IHC written verdict: Supreme Court orders Monal restaurant’s de-sealing

ISLAMABAD: The Supreme Court (SC) Tuesday ordered for de-sealing the Monal restaurant at Margalla Hills after suspending the Islamabad High Court (IHC) verdict.

A three-member apex court bench, headed by Justice Ijazul Ahsen, heard an appeal, filed against the IHC order about sealing of the Monal restaurant. The court, while issuing order for de-sealing the restaurant, questioned that when there was no written order issued, then why the restaurant was sealed.

Justice Ijazul Ahsen observed that the absence of a written order of the high court means that in principle the high court order was not available; hence verbal order of the high court had no legal and constitutional status.

The court on last hearing had rejected the plea, seeking suspension of the Islamabad High Court’s order of sealing the Monal restaurant at Margalla Hills. The court had held that a proper decision would be announced after the detailed reasons, issued by the IHC.

Counsel for Monal restaurant Makhdoom Ali Khan contended before the apex court that the high court’s short order was without signature. The court, however, held that if the IHC detailed reasons could not come in two weeks, then an appropriate order would be passed in this regard and adjourned the hearing for two weeks.

On Tuesday, Justice Ijazul Ahsen asked the counsel for restaurant as to whether the high court issued a signed copy of its order. The counsel replied that neither he had received the short order of the court nor he a detailed verdict in the matter in hand.

He informed the court that their two Intra Court Appeals (ICAs) were fixed twice for hearing; however, he submitted that those were dismissed before any hearing.

Justice Ijazul Ahsen asked counsel for Wildlife Board as to how many restaurants had been sealed at Margalla Hills, to which the counsel replied that Gloria Jeans and La Montana had been served notices.

At this, the judge questioned the counsel that if other restaurants were served a notice prior to their closure, then why wasn't a notice given to Monal restaurant beforehand.

The judge questioned that when the Wildlife Board was not a party to the case, then why did it show efficiency here? It seems that only Monal restaurant was targeted, Justice Ijazul Ahsen remarked.

During the hearing, the court reprimanded Rina Ahmed, chairperson Wildlife Board, for her repeated interruption in the court proceedings and asked her to leave the rostrum.

"You were asked to sit down; can't you understand that?" Justice Mazahir Ali Akbar Naqvi told the chairperson.

The judge observed that a verbal order had no legal status. "A verbal order has no legal standing," Justice Naqvi said about the IHC order.

At the outset of hearing, counsel for Capital Development Authority (CDA) told the court that the lease of Monal restaurant had expired six months back.

Justice Ijazul Ahsen observed that the civil court would resolve the dispute between the civic body and Monal restaurant. Later, the court adjourned the hearing for date-in-office (an indefinite period of time).

Last month, the IHC had ordered the capital authorities to seal Monal Restaurant and take control of the Margalla Greens Golf Club, built on encroached land, also declaring illegal the military’s claim to 8,000 acres of Margalla Hills National Park.