Monal Restaurant’s Demolition was Illegal: Federal Constitutional Court

The Federal Constitutional Court has set aside the decision ordering the demolition of the Monal Restaurant at Pir Sohawa and directed trial courts to independently decide the ownership dispute without being influenced by earlier judicial observations.

The court also instructed the trial courts to decide the pending cases as quickly as possible while clarifying that matters relating to administration and regulation should be determined by the relevant regulatory authorities.

The Constitutional Court accepted appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI) and also vacated the stay order previously in place.

During the hearing, Justice Hassan Azhar Rizvi observed that several important aspects had not been considered in the earlier Supreme Court judgment. He also expressed concern over both the filing of the original case and the subsequent review petition.

Justice Rizvi remarked that the previous judgment included matters that were not part of the actual pleadings, adding that the court would not issue an emotional decision and would confine itself strictly to the issues argued before it.

Responding to praise from counsel Ahsan Bhoon, Justice Rizvi asked lawyers not to commend the court during proceedings. He emphasized that the bench would decide only the issues argued before it and remarked that the judgment would not include unnecessary narratives or matters outside the judicial record.

He added that after reading the previous judgment, it became apparent that it contained observations extending beyond the court proceedings.