Monal Restaurant demolition case: Judge who issued stay order against SC verdict suspended

ISLAMABAD: The Islamabad High Court (IHC), Wednesday, suspended Judge Inamullah, who issued a stay order despite the Supreme Court’s decision to demolish the Monal Restaurant.

The IHC Chief Justice, Aamer Farooq, issued his suspension orders and made him OSD (Officer on Special Duty).

Judge Inamullah has been ordered to report to the High Court immediately and the IHC Chief Justice, Aamer Farooq, also ordered to initiate an inquiry against the Senior Civil Judge while the inquiry officer will be Sessions Judge Kamran Basharat Mufti.

According to court sources, Justice Aamer had earlier summoned the Senior Civil Judge Inamullah to the High Court following which the suspension orders were issued.

The stay order issued by Judge Inamullah had temporarily halted the demolition of Monal Restaurant, which had been ordered by the Supreme Court due to environmental concerns and legal disputes over land ownership. The suspension order raised questions about the judicial handling of high-profile cases and the adherence to higher court’s rulings.

The chief justice had summoned Senior Civil Judge Mohammad Inamullah for “disrupting” the Supreme Court’s direction to demolish an eatery located in the Margalla Hills National Park (MHNP).

Chief Justice of Pakistan Qazi Faez Isa in August (this year) declared the eateries at the MHNP including Monal and La’Montana, illegal, and ordered their demolition. While the apex court dismissed the review petition in this matter, the Judge Inamullah issued a stay order on a “frivolous” application.

While hearing the contempt proceeding in the MHNP case, the apex court noted that the application was treated without receipt of the court fee, there was no detail of the applicant and the judge stayed demolition without issuing notice to the parties in the matter.

It observed that the judge potentially obstructed the Supreme Court’s order, with a direction to the IHC to consider an action for misusing authority after considering the conduct of the judge.

It is strange that the civil judge obstructed the implementation of the apex court’s order and thus, committed contempt of the court when the judge should have considered first whether any relief could be given, the apex court further observed.

In 2021, a single bench of the then IHC Chief Justice Athar Minallah, had ordered the demolition of Monal and La Montana because it was located in the middle of a protected national park and ran afoul of the Wildlife Ordinance of 1978.

Monal appealed to the Supreme Court and got a stay. However, in June 2024, the Supreme Court bench headed by Chief Justice Qazi Faez Isa dismissed Monal’s appeal and confirmed the High Court’s order. The SC; however, gave Monal a three-month grace period to vacate the place.

Copyright Business Recorder, 2024