Islamabad: Federal Shariat Court has rejected a request to immediately reopen the popular Monal Restaurant in Margalla Hills while raising serious legal questions regarding the Supreme Court’s earlier order to demolish the establishment.
The three-member bench, headed by Justice Hasan Azhar Rizvi, heard the review petition filed against the closure of Monal Restaurant. The court observed that a Supreme Court decision cannot be overturned merely based on lawyers’ consensus; a detailed judicial order is required to nullify the ruling.
During the hearing, the federal government supported the review of the Supreme Court’s demolition decision. The proceedings also witnessed a sharp and intense exchange of remarks between Justice Hasan Azhar Rizvi and the lawyers.
Justice Hasan Azhar Rizvi noted that the case for Monal’s lease renewal was pending in the civil court, while some intra-court appeals related to other restaurants remained in the high court.
The lawyer responded that the Supreme Court had resolved all pending lower court cases through its decision. Justice Rizvi questioned why parties were not heard at the Supreme Court stage, asking, “Why were all the lawyers silent there?”
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Senior lawyer Ahsan Bhon replied, “We stand here with the same decorum as we did in the Supreme Court,” to which the bench remarked, “It is the lawyer’s job to raise legal points; standing with decorum is the role of courtiers, not lawyers.”
The court also criticized the Capital Development Authority (CDA), stating that its review petition did not raise substantial legal arguments. During the hearing, the Additional Attorney General informed the court that the new Wildlife Board law came into effect in 2024.
Ahsan Bhon suggested that all parties agreed to send the case back to the civil court, and the government lawyer supported this view. However, Justice Hasan Azhar Rizvi emphasized that courts do not operate on lawyers’ consensus, and the Supreme Court’s decision cannot be nullified in this manner; a detailed judicial order is necessary to revoke it.
The Federal Shariat Court declined to issue an interim order to reopen Monal Restaurant and adjourned the case for further hearing until the second week of July.
