Constitutional Court Says Supreme Court Ignored Due Process in Monal Case

The Federal Constitutional Court has issued a detailed written judgment setting aside the earlier order directing the demolition of Monal Restaurant, ruling that the previous proceedings exceeded judicial jurisdiction and resulted in a miscarriage of justice.

In the eight-page judgment authored by Justice Hassan Azhar Rizvi, the court held that the higher judiciary reached final conclusions without recording evidence and denied the affected parties a proper opportunity to present their case.

It said the failure to ensure due process and a fair hearing rendered the earlier proceedings legally unsustainable.

The court noted that the dispute over Monal Restaurant’s lease and ownership of the land was already pending before a civil court when the Islamabad High Court decided the constitutional petition.

It added that the subsequent Supreme Court ruling effectively rendered the pending proceedings before the civil court and the High Court ineffective.

The judgment also criticized the Islamabad High Court for issuing observations and ordering inquiries against restaurants operating in the Margalla Hills that were not parties to the case.

It further held that the Supreme Court failed to correct those legal errors and that the High Court had incorrectly interpreted the relevant provisions of the Wildlife Act.

The Constitutional Court ruled that the Supreme Court’s decision to cancel all leases in the Margalla Hills was contrary to law.

It held that regulatory authority over the area rests with the Capital Development Authority, declared invalid the earlier direction requiring lease payments to be deposited with the Wildlife Board, and directed that the dispute over Monal Restaurant’s lease and land ownership be decided by the competent civil court in accordance with the law.