ISLAMABAD: The Supreme Court reserved verdict on the review petitions of Monal Restaurant and others to shift business activities from Margalla Hills National Park, Islamabad.
A three-judge bench headed by Chief Justice Qazi Faez Isa, on Tuesday, heard petitions of Monal Restaurant, La Montana Restaurant, and others regarding shifting of their eateries from Margalla Hills area.
Naeem Bukhari, appearing on behalf of Dr Amjad, told that his client who has 66 percent shares in the La Montana Restaurant was not in the county when the case was heard, adding he did not give consent for shifting of restaurants from the National Park.
Upon that, the chief justice stated that Margalla Hills National Park is neither his nor anyone’s property, but it belongs to the people of Pakistan. He inquired from Bukhari whether his client renewed the licence, and can show it to the court?
Naeem Bukhari responded that if his client does not have the licence then how Metropolitan Corporation Islamabad increased licence fee 400 percent. The chief justice remarked that this could have happened due to personal contact.
Bukhari then said why the FIA conducted an inquiry against him regarding the matter. The chief justice said they are aware how things could be managed. He then questioned how the FIA could give opinion on increasing the licence fee? He said sometimes people for their own benefit get the cases registered against themselves.
Bukhari then cited the Supreme Court 1956 judgment that introduced the “doctrine of necessity” in Pakistan. Perturbed with his statement, the chief justice asked him to stop pointing fingers at the apex court. Bukhari replied that he would not be subdued with the louder voice (of the bench). Upon that, Justice Faez asked the counsel whether he came to fight with the Court or argue his case.
Bukhari said that the Supreme Court in Zulfikar Ali Bhutto’s reference accepted that the former prime minister was deprived of a transparent and fair trial. Justice Jamal Khan Mandokhel stated the Court has accepted its mistakes and now you should accept them as well.
During the proceeding, Director Legal Ministry of Defence Falak Naz, appearing before the bench, stated that he is dismayed by certain remarks in the judgment against him, which state; “I had failed to satisfy the court”, and should be court martialed. He said in the army there is complete procedure for court martial.
The chief justice said that the federal government through the attorney general presented the federation's point of views and has not filed any review petition.
The counsel representing Sunshine Heights contended that in 1996, the land was leased to them for 53 years, adding a judge of Lahore High Court (LHC), Rawalpindi Bench, had restored the lease to them.
The chief justice inquired from the lawyer which judge of LHC, Rawalpindi Bench, had passed that judgment. The counsel replied that Justice Nawaz Abbasi had delivered that verdict.
Upon that, the chief justice remarked that he is not the same judge who had passed an order that judges should get plots.
He maintained that due to such orders, the Courts have been criticised, therefore, such matters need to be kept away from the courts.
Copyright Business Recorder, 2024
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