Fast food chain construction: Supreme Court decides to hear pending suo motu notice

The Supreme Court on Friday decided to hear a pending suo-moto notice against construction of a fast food chain at Fatima Jinnah Park also known as F-9 Park.
A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan and Justice Tariq Parvez, had taken up a suo-motu notice earlier taken by the then acting Chief Justice Rana Bhagwandas in May 2007 on a news report against start of outlet construction at F-9 Public Park, when the then and now incumbent chief justice Iftikhar Muhammad Chaudhry was abroad on an official visit.
During the course of hearing on Friday after a long time, Chief Justice Iftikhar Muhammad Chaudhry observed that, "Gone are the days to benefit a selected few, and now affairs of the country would be run transparently." While deferring the matter, the Chief Justice observed that on next date of hearing, December 18, no other matter except this particular case of public interest be fixed for hearing.
Sadia Abbasi, a petitioner in the matter, argued before the court that it was 'our collective responsibility to work for better environment for our future generations.' Highlighting the violations committed by a multinational fast food chain at Fatima Jinnah Public Park, she said the Constitution as well as CDA Rules did not allow commercial activity at public parks.
Representing the fast food chain, Yahya Afridi advocate, argued that no violation was committed by his client in the park, instead it was facilitating and serving the visitors by nice foods.
Asad Nawaz, counsel for Capital Development Authority (CDA) contended that his client's deal with the fast food chain did not violate rules and parameters laid down by the court about commercial activities in public parks. He said, the park had a vast area of 670 acres, whereas a very small portion of the land had been given to the fast food chain for convenience of visiting public.
Justice Tariq Parvez inquired from Asad Nawaz about any such project in London's Hyde Park. In February 2006, the Supreme Court had held that commercial activities in public parks violated Article 26 of the Constitution, besides such activities were contrary to the CDA's Rules and by-laws. In its order, the court had also revoked a lease granted by CDA to one Shah Shrabeel to build and operate a mini-golf course in F-7 Jubilee Park.