ISLAMABAD: Chief Justice Qazi Faez Isa said the executive and all the courts in Pakistan are bound to follow the Supreme Court’s orders.
The CJP stated that while heading a three-judge bench, which heard an application for the implementation of the apex court’s order to remove all commercial activities from the area of Margallah Hills.
The bench withdrew the contempt notice against Luqman Ali Afzal regarding demolishing of Monal Restaurant, but issued him notice in Dino Valley as the advocate general Khyber-Pakhtunkhwa (KP) informed that amusement park belongs to Ali Afzal.
During the proceeding, the chief justice said as per the constitution, the executive and all the courts are bound to implement the Supreme Court’s decisions. He said prima facie it seemed that stay order by a civil court, Islamabad, was granted to nullify the apex court’s order.
The Supreme Court, on August 22, ordered the Islamabad Wildlife Management Board that by September 11, 2024, take over the possession of the restaurants, established at the Margallah Hills National Park. However, a Civil Judge, Inamullah, on September 24, granted stay to demolish Monal Restaurant, and prevented the Wildlife Management Board from taking any action against the restaurant.
The bench referred the matter of stay to the Islamabad High Court (IHC), directing to examine the order and if necessary take action against the civil judge. He said it is ridiculous that a judicial magistrate stayed the Supreme Court’s order, adding by doing this he has committed contempt of court.
Ahsan Bhoon, representing Monal Restaurant, told that restaurant has been razed by the authorities. He submitted that they have told the CDA to use structure for some other purpose. He, however, informed that suit for stay had been withdrawn on October 2.
Justice Shahid Bilal noted that Civil Judge Inamullah, who granted stay on a plaint did not check whether the plaintiff deposited the court fee or not? He remarked how the case could be heard without depositing the court fee? He said in the whole Punjab lawyers in subordinate judiciary do not even give enough time to judge to read the plaint but are able to get the stay order.
The chief justice questioned whether the issue of commercial activities in Margallah Hills has been raised in the Parliament or discussed on media outlets. He said after the SC’s judgment on Margallah Hills all the guns were turned to the apex court. He questioned whether the social media is to abuse the institution and the judges, adding whether the retrieved land of Margallah Hills is judges’ personal property.
The chief justice said if a court’s decision is wrong then criticise it, but do not attack judges and the institution. He noted that people talking about the timing of hearing cases, so please tell which case is taken up at what time.
Ahsan Bhoon, referring the SC’s verdict on Article 63A of the Constitution, said for hearing of review petition of this case they had filed number of applications for early hearing, but it was kept pending for one-and-a-half-year.
The counsel of Islamabad Wildlife Management Board (IWMB) Umer Gilani said that there is a housing society in Margallah Hills National Park, which according to a CDA report is illegal, and it is said this belongs to a very influential person.
The chief justice then inquired from the counsel who is that person so powerful that even CDA is hesitant to take action against the society? On the insistence of the chief justice, Umer Gilani told Lt-General (retired) Faiz Hameed was its owner.
The Court then issued notices to the CDA and Chief Commissioner Islamabad directing them to file report.
Copyright Business Recorder, 2024