FCC terms SC, IHC decisions on demolition of restaurants in Margalla Hills ‘grave miscarriage of justice’

Pakistan's Federal Constitutional Court (FCC) has declared the earlier decisions by the Supreme Court (SC) and Islamabad High Court (IHC) that led to the demolition of restaurants in Margalla Hills National Park as a "grave miscarriage of justice." The FCC's ruling on Wednesday effectively overturned the directives that had ordered the closure of establishments, including the well-known Monal Restaurant.

A three-member FCC bench, led by Justice Syed Hasan Azhar Rizvi, accepted review petitions filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI). These authorities had challenged the SC's August 21, 2024 order, which mandated the closure of Monal and the adjacent La Montana restaurant. The closures were initially ordered to protect the park's biodiversity.

The FCC's decision stems from its finding that the previous court orders represented an "exceptional transgression of judicial power." The court's review focused on the legality of leases, licenses, and permissions granted for restaurant operations within the protected Margalla Hills National Park, deeming them contrary to wildlife protection laws. This ruling potentially reopens the debate on commercial activities within ecologically sensitive zones.