SC Upholds Closure of Monal Restaurant and Othe Eateries in Islamabad
Court dismisses review petitions and reaffirms earlier decision on restaurant closures.
The Supreme Court has rejected the review petitions and upheld its previous ruling to shut down Monal Restaurant, La Montana, and other businesses located within the National Park area of Islamabad.
ISLAMABAD-In its ruling on Monday, the Court noted that these restaurants had earlier committed to ceasing operations within a three-month period. The Court condemned the submission of revision petitions after these commitments as a “contemptible” action and a “mockery of the court.”
The Supreme Court has also retracted its previous stance that favored the restaurants, instructing the Capital Development Authority (CDA) to prioritize these establishments for relocation to alternative sites. However, the Court has rescinded its prior recommendation to give these restaurants priority in future lease agreements.
The court declared that the restaurants in the National Park area should be given priority in the lease of restaurants at another location. It also noted that filing a review plea despite assurances in court is a joke with the court and contemptible.
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The court’s ruling concluded that the decision to close the restaurants in the National Park area should be implemented without delay. The CDA has been instructed to facilitate the relocation of these establishments to other areas on a priority basis, but no special preference will be given.
A three-judge bench led by Chief Justice of Pakistan Qazi Faez Isa heard arguments on the issue, with Naeem Bukhari representing LaMontana Restaurant. The session was characterized by heated exchanges between Chief Justice Isa and Bukhari.
Chief Justice Isa challenged the continued operation of these restaurants despite a previous high court ruling mandating their closure, emphasizing that this was not just a legal issue but also a matter of fundamental rights, including the rights of animals in national parks.
Justice Isa remarked, “Despite the high court’s decision, you persisted in operating your business, violating the rules.” Bukhari defended his clients, asserting they held a valid license. However, the Chief Justice noted that the license had an annual fee of only Rs11,000, which Bukhari admitted was set in 1999.
On June 11, the Supreme Court had mandated the closure of all restaurants within Islamabad’s Margalla National Park, including the well-known Monal restaurant. This decision was based on the legality of such establishments within the park.
The Court ordered that all restaurants within the park be closed within three months. It also stipulated that if any of these restaurants needed a new lease outside the park, they should be given priority, and emphasized that commercial activities in the park could not be permitted.
Additionally, the Court dismissed the Capital Development Authority’s (CDA) report on construction within the park and summoned the CDA chairman for immediate questioning. Chief Justice Isa expressed strong disapproval of the CDA’s handling of the situation, questioning the competence of its senior officials.
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