Supreme Court (SC) while ordering to de-seal Monal Restaurant has suspended the Islamabad High Court (IHC) unsigned short order.
A 3-member bench of SC presided over by Justice Ijaz ul Ahsan took up the case for hearing Tuesday.
Makhdoom Ali Khan counsel for Manal restaurant argued neither certified copy of high court short order is available nor its detailed decision. Intra court appeal was fixed twice but the case was cancelled before hearing.
Justice Ijaz ul Ahsan raised the question did the IHC issue signed order for sealing Monal restaurant. How the hotel was sealed before the written court’s order. Wild life board was not respondent then why so swiftness was shown in sealing the hotel. How many hotels have been sealed so far on Margalla hills. In principle no order of IHC is available .
Justice Mazahir Ali Akbar Naqvi remarked is it monarchy that the monarch issued order and it was implemented before it was signed. Verbal order is not valid legally and constitutionally.
The counsel for wild life took the plea that notices have been issued to Gloria Jeans and La Montana.
The court maintained IHC has not issued order to seal Monal restaurant. The magistrate sealed the Monal hotel without notice. Notice has been issued to other restaurants located along with Monal restaurant before sealing them. Wild life and management board sealed the Monal restaurant without certified copy of IHC orders. The legal aspects of IHC order are not known.
The court while suspending unsigned short order of IHC has issued order to de-seal Monal restaurant.
