Pakistan’s Federal Constitutional Court has set aside the earlier decision ordering the demolition of Monal Restaurant at Pir Sohawa, directing trial courts to independently determine the ownership dispute without being influenced by observations made in previous judgments.
The court instructed the lower courts to decide the pending cases as quickly as possible while making it clear that matters relating to administration, regulation, and enforcement should be addressed by the relevant regulatory authorities.
Appeals by CDA and MCI accepted
The Constitutional Court accepted appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI), overturning the earlier ruling that had directed the restaurant’s demolition.
The bench also vacated the stay order that had remained in force during the proceedings.
The latest ruling effectively returns the ownership dispute to the trial courts for a fresh determination based solely on the evidence and legal arguments presented before them.
Court questions earlier judgment
During the hearing, Justice Hassan Azhar Rizvi observed that the previous Supreme Court judgment had not examined several important aspects of the dispute.
He also questioned both the filing of the original case and the subsequent review petition, indicating that certain issues required closer judicial scrutiny.
Justice Rizvi noted that the earlier judgment contained observations on matters that were not part of the pleadings submitted before the court.
Bench stresses judicial restraint
The court emphasized that its decision would be based strictly on the legal issues argued during the proceedings.
Justice Rizvi remarked that the bench would not deliver an emotional judgment and would avoid including narratives or issues that fell outside the official judicial record.
Responding to remarks by counsel Ahsan Bhoon, the judge also advised lawyers against praising the court during hearings, stressing that judicial decisions should rest solely on the law and evidence presented before the bench.
He added that, after reviewing the earlier judgment, it became apparent that it contained observations extending beyond the matters formally placed before the court.
Trial courts to decide ownership dispute
With the demolition order now set aside, the ownership dispute over the Monal Restaurant property will be reconsidered by the relevant trial courts.
The Constitutional Court directed those courts to decide the pending cases independently and without relying on earlier judicial observations, while also ensuring that the proceedings are concluded without unnecessary delay.
The ruling marks the latest development in the long-running legal dispute over the status of Monal Restaurant, one of Islamabad’s best-known dining destinations located in the Margalla Hills.
