SC gives finality to Monal verdict

Asserts its judgment is binding on all lower courts

ISLAMABAD:

Defence authorities have been dealt a significant blow as the Supreme Court has endorsed the Islamabad High Court's decision to declare the allotment of 8,068 acres National Park land to the Pakistan Army as against the law.

A three-judge bench of the apex court, led by Chief Justice of Pakistan Qazi Faez Isa, rejecting all review petitions against its earlier order on Tuesday, clarified that intra-court appeals against the IHC judgement would be rendered infructuous.

"Once a case is decided by this court, its decision is binding on all courts subordinate to it in terms of Article 189 of the Constitution of the Islamic Republic of Pakistan. Therefore, if there are any intra-court appeals pending adjudication or any other case before the High Court or any other court with regard to the matters attended to in this court's judgment, the same will be binding thereon, and resultantly the said intra-court appeals will be rendered infructuous," reads the 13-page judgement authored by CJP Isa. The court rejected all review petitions filed by Monal restaurant and others against the SC order which declared commercial activities on Margalla National Park land as illegal.

It is learnt that several ICAs, filed by respondents, including the defence ministry, are pending before the IHC division bench. In view of these court observations, these ICAs have become infructuous, which is a big blow for defence authorities as well.

CJP Isa, while rejecting Monal restaurant's review petition, noted that petitioner Luqman Ali Afzal. in the presence of his counsel, voluntarily agreed to vacate the restaurant situated in the protected National Park. Taimoor Aslam, who represents Afzal, states that the short order and the detailed judgment have rendered the intra-court appeals pending in the Islamabad High Court redundant.

The judgment continues that "Mr Afzal had no legal right to continue with the possession of the land, and his status is no better than that of a trespasser. And, running a restaurant, Monal, in the protected National Park, like those being run by the owner of La Montana and Gloria Jeans, was in total disregard of the provisions of the Islamabad Wildlife (Protection, Preservation and Management) Ordinance, 1979. The operators of these restaurants, and those who permitted them to operate disregarded the integrity of the National Park; ravaged its trees and flora and displaced and disturbed the endemic bird and animal life."

It was stated that the environment of the national park was also adversely affected, as were its resultant benefits, including as a catchment area for rainfall and the recharge of springs and streams. "An astronomical environmental cost was also bourne by the public and will continue to be bourne by future generations," it added.

The court noted that the owner of Monal restaurant, La Montana and Gloria Jeans had voluntarily offered to vacate the land of the National Park within three months. "This court has appreciated this gesture of theirs and recorded this in the June 11 order."

However, the SC noted that the said undertakings to vacate the premises were given in the presence of their respective counsels, but now they want to resile therefrom.

"Making a mockery of solemn undertakings and to render them meaningless cannot be permitted, and those doing so must suffer the consequences. Therefore, we have been persuaded by their contemptuous behaviour and misconceived contentions to review our said short order and detailed judgment and to withdraw/delete," the court stated.

The SC, in its earlier order, had stated that the counsel for Monal had submitted that CDA might give them preference in the leasing/allotting/licensing of premises/land for the running of restaurants where it is permissible, as their businesses will be affected.