The Federal Constitutional Court has set aside the earlier decision ordering the demolition of Monal Restaurant at Pir Sohawa and directed trial courts to decide the pending ownership dispute independently.
The court ruled that trial courts should hear and decide the matter without being influenced by observations made in previous judicial proceedings. It also instructed them to resolve the pending cases as quickly as possible.
The Constitutional Court further clarified that issues related to administration and regulation should be dealt with by the relevant regulatory authorities.
The court accepted appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI). It also vacated the stay order that had previously been in place.
During the hearing, Justice Hassan Azhar Rizvi observed that several important aspects had not been considered in the earlier Supreme Court judgment. He also expressed concern over the filing of the original case and the subsequent review petition.
Justice Rizvi remarked that the previous judgment included matters that were not part of the actual pleadings. He said the court would not issue an emotional decision and would restrict itself strictly to the points argued before it.
Responding to remarks by counsel Ahsan Bhoon, Justice Rizvi asked lawyers not to praise the court during proceedings. He said the bench would decide only the issues placed before it and would avoid unnecessary narratives or matters outside the judicial record.
Justice Rizvi added that after reading the previous judgment, it appeared that some observations went beyond the court proceedings.





