The Federal Constitutional Court (FCC) has overturned the earlier decision directing the demolition of the Monal Restaurant at Pir Sohawa, ordering that the ownership dispute be reconsidered by the relevant trial courts without relying on observations made in previous judgments.
The court instructed the trial courts to independently examine the evidence and resolve the ownership issue on its own merits. It stressed that earlier judicial comments should not influence the final outcome of the pending cases. The bench also directed that the cases be decided without unnecessary delay to ensure a timely resolution.
In its ruling, the Constitutional Court clarified that questions related to the administration, management, and regulation of the property should be handled by the competent regulatory authorities rather than being settled through judicial observations outside the scope of the dispute.
The court accepted appeals submitted by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI), providing them relief by setting aside the previous Monal’s demolition order. It also vacated the stay order that had remained in effect during the proceedings.
During the hearing, Justice Hassan Azhar Rizvi noted that several significant legal aspects had not been properly addressed in the earlier Supreme Court judgment. He also expressed reservations regarding both the filing of the original petition and the review petition that followed.
Justice Rizvi observed that portions of the previous judgment discussed issues that were not part of the actual pleadings presented before the court. He emphasized that the Constitutional Court would decide the matter strictly on the basis of arguments raised by the parties and evidence available on record, rather than on emotional considerations.
Addressing counsel Ahsan Bhoon during the proceedings, Justice Rizvi requested lawyers to avoid praising the bench while arguments were underway. He reiterated that the court’s responsibility was to decide only the legal questions placed before it and not to include unnecessary commentary or narratives beyond the judicial record.
The judge further remarked that, after reviewing the earlier verdict, it appeared to contain observations extending beyond the matters formally argued in court. The Constitutional Court therefore concluded that the ownership dispute should now be determined independently through the trial courts in accordance with the law.
Also Read: Islamabad’s iconic restaurant The Monal has shut down permanently
