Federal Constitutional Court overturns Monal Restaurant demolition order, remands ownership dispute

The Federal Constitutional Court has set aside an earlier decision ordering the demolition of the Monal Restaurant at Pir Sohawa, ruling that the matter requires proper

The Federal Constitutional Court has set aside an earlier decision ordering the demolition of the Monal Restaurant at Pir Sohawa, ruling that the matter requires proper adjudication on ownership and administrative issues by the relevant forums.

In its verdict, the constitutional bench accepted the appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI), while also vacating the stay order that had been in place during the proceedings.

The court directed that questions relating to the ownership of the disputed property be decided independently by the competent trial courts without being influenced by observations made in the constitutional proceedings. It further ruled that administrative and regulatory matters concerning the property should be determined by the relevant government authorities in accordance with the law.

The bench also instructed the trial courts to expedite the pending litigation and dispose of the cases at the earliest to avoid unnecessary delays.

During the hearing, Justice Hassan Azhar Rizvi remarked that several important legal aspects had not been fully considered in the earlier Supreme Court ruling. He emphasized that constitutional courts must decide cases strictly on legal principles rather than emotions.

“We will not deliver an emotional judgment,” Justice Rizvi observed, adding that courts should remain focused on the legal merits of every case regardless of public sentiment.

At one stage of the proceedings, counsel Ahsan Bhawan commended the bench for its detailed examination of the case. Responding to the remarks, Justice Rizvi said the court’s responsibility was to decide matters according to the record and arguments presented, rather than seek praise.

The judge also criticized the inclusion of material outside the scope of court proceedings in previous judgments, remarking that judicial decisions should remain confined to facts and issues argued before the court. He added that verdicts should avoid unnecessary narrative and remain focused on the legal questions under consideration.

After hearing detailed arguments from all parties, the Federal Constitutional Court formally declared the earlier demolition order concerning the Monal Restaurant at Pir Sohawa to be without legal effect, paving the way for lower courts and regulatory authorities to determine the remaining ownership and administrative disputes under the applicable legal framework.