ISLAMABAD: The Federal Constitutional Court (FCC) has declared illegal the demolition of Monal Restaurant at Pir Sohawa and ordered the trial courts to independently determine the ownership dispute. The ruling states that lower courts must decide the pending cases without being influenced by observations made in previous judicial decisions.
After Nasla Tower, this is the second case in which the Federal Constitutional Court declared illegal the Supreme Court’s decision that led to the demolition of the Monal Restaurant in Islamabad’s Pir Sohawa.
The FCC also instructed the trial courts to conclude the proceedings as quickly as possible. Meanwhile, it clarified that administrative and regulatory matters related to the property should remain within the jurisdiction of the relevant authorities.
Court Accepts Appeals and Lifts Stay Order
The Constitutional Court accepted appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI). In addition, the bench vacated the stay order that had previously been in effect.
During the hearing, Justice Hassan Azhar Rizvi observed that the earlier Supreme Court judgment had overlooked several important aspects of the case. He also expressed concern about both the filing of the original petition and the subsequent review petition.
Furthermore, Justice Rizvi noted that the previous ruling discussed issues that were not included in the actual pleadings before the court. He stressed that the Constitutional Court would confine itself strictly to the legal questions presented during the proceedings.
Justice Rizvi Stresses Judicial Restraint
Justice Rizvi also emphasized that the bench would avoid making emotional decisions and instead rely solely on the arguments and evidence placed on record. He said the court would not consider matters beyond the scope of the case.
During the proceedings, senior lawyer Ahsan Bhoon praised the bench. However, Justice Rizvi requested that lawyers refrain from commending the court while arguments were underway. He reiterated that judicial decisions must remain impartial and based exclusively on the issues raised by the parties.
Moreover, Justice Rizvi stated that the forthcoming judgment would exclude unnecessary narratives and avoid discussing matters unrelated to the official judicial record. He reaffirmed that the court’s role is to resolve the legal dispute before it rather than address issues outside the pleadings.
The latest ruling marks a significant development in the long-running legal battle over Monal Restaurant, leaving the ownership dispute to be resolved by the trial courts while regulatory authorities handle administrative matters under the law.
