Supreme Court orders authorities to de-seal Islamabad's Monal Restaurant

• Supreme Court overturns Islamabad High Court's verdict.
• Justice Ahsan says seems like Monal is being "targetted".
• On IHC's verdict, Justice Naqvi says verbal order has no standing.

ISLAMABAD: The Supreme Court on Tuesday suspended a Islamabad High Court (IHC) verdict that had directed authorities to seal the Monal Restaurant in the federal capital.

"The magistrate had ordered to seal Monal Restaurant without due notice [...] the restaurants in the surroundings of Monal were notified before they were sealed," the court said.

A three-member bench, comprising Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, and Justice Mazahir Ali Akbar Naqvi, said the Islamabad Wildlife Management Board (IWMB) had sealed the restaurant without a certified order of IHC.

Justice Ahsan said if other restaurants were served a notice prior to their closure, then why wasn't a notice given to Monal Restaurant beforehand.

"Had all legal checks been crossed in this case, there would not have been a problem, but it seems like Monal is being targeted," Justice Ahsan observed.

Read more: IHC orders authorities to seal Monal Restaurant, take over navy's golf course today

Justice Ahsan, during the proceedings, asked the restaurant's lawyer, Makhdoom Ali Khan, whether IHC issued a signed copy of the order.

At this, the lawyer said: "I neither have the high court's short order nor do I have the detailed verdict."

Khan told the judge that he had moved an intra-court appeal twice, but even before a hearing could take place, the case would be dismissed.

IWMB chairperson reprimanded

Reprimanding IWMB Chairperson Rina Ahmed, Justice Ahsan asked how was the restaurant sealed before a detailed order of the court.

"The wildlife board was not a party in the case, then why did it show efficiency here?"

The judge asked how many restaurants had been sealed at Margalla Hills, to which the chairperson said that Gloria Jeans and La Montana had been served notices.

As the proceedings moved forward, the chairperson interrupted the justices, following which she was removed from the rostrum.

'Verbal order has no standing'

"You were asked to sit down, can't you understand that?" Justice Naqvi told the chairperson.

"A verbal order has no standing," Justice Naqvi said about the IHC's order.

A Capital Development Authority (CDA) official present at the hearing told the court that the restaurant's lease had expired six months back. At this, Justice Ahsan said the relevant civil court would hear the CDA-Monal case.

Later, the SC adjourned the hearing for an indefinite period.

IHC's order

On January 11, IHC Chief Justice Athar Minallah had ordered authorities to seal Islamabad's hilltop Monal Restaurant — situated at the Margalla Hills National Park.

"This court will protect the wider public interest," the judge had said, noting that the national park's land belongs to the state, and no commercial activities could be carried out there.

Read more: Employees of Monal Restaurant protest against closure

"No one can even cut the grass on the land; this land belongs to the state."