IHC Suspends Judge Over Monal Restaurant Stay Order

The Islamabad High Court (IHC) has taken a significant step in the ongoing legal battle surrounding the Monal Restaurant, a popular eatery located in the Margalla Hills National Park. On Wednesday, the IHC suspended Judge Inamullah for issuing a stay order that contradicted a previous ruling by the Supreme Court, which had ordered the demolition of the restaurant due to environmental concerns and disputes over land ownership.

Chief Justice Aamer Farooq of the IHC issued the suspension orders, reassigning Judge Inamullah from his role as Senior Civil Judge to Officer on Special Duty (OSD). The judge has been instructed to report to the High Court immediately. Furthermore, an inquiry has been initiated against him, with Session Judge Kamran Basharat Mufti appointed as the inquiry officer. This action raises important questions about the integrity of judicial processes and the adherence to higher court rulings.

The controversy began when Judge Inamullah issued a stay order that temporarily halted the demolition of the Monal Restaurant, despite the Supreme Court's clear directive. The apex court, led by Chief Justice of Pakistan Qazi Faez Isa, had previously declared the eateries in the Margalla Hills National Park, including Monal and La’Montana, illegal and ordered their demolition. The Supreme Court dismissed a review petition related to this matter, yet Judge Inamullah proceeded to issue a stay order based on what has been described as a "frivolous" application.

During the contempt proceedings regarding the Margalla Hills case, Justice Isa pointed out several irregularities in how the stay order was handled. He noted that the application was accepted without the required court fee, lacked details about the applicant, and that the judge had not issued notices to the relevant parties before halting the demolition. This led to concerns that Judge Inamullah had obstructed the Supreme Court's order, prompting the IHC to consider actions against him for misusing his authority.

The situation surrounding the Monal Restaurant highlights the complexities of legal proceedings in Pakistan, especially when they involve high-profile cases that attract public attention. The suspension of Judge Inamullah serves as a reminder of the importance of judicial accountability and the need for all judges to adhere strictly to the rulings of higher courts. It also raises broader questions about the role of the judiciary in environmental protection and land use, particularly in ecologically sensitive areas like the Margalla Hills National Park.

As this case unfolds, it will be crucial for the legal system to demonstrate its commitment to upholding the rule of law and protecting the environment. The actions taken by the IHC may set a precedent for how similar cases are handled in the future, ensuring that judicial decisions align with the principles of justice and environmental stewardship.