ISLAMABAD – Chief Justice of Pakistan Justice Qazi Faez Isa Monday said that the executive and all the courts in Pakistan are bound to follow the Supreme Court orders.
Justice Isa stated this while heading a three-member bench, which heard an application for the implementation of the apex court 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 hearing, the CJP said that as per the Constitution the executive and all the courts are bound to implement the Supreme Court decisions. He said that prima facie it seemed that stay order by a civil court, Islamabad, was granted to nullify the apex court order.
The Supreme Court on August 22 had ordered the Islamabad Wildlife Management Board that by September 11, 2024 take over the possession of the restaurants, established at the National Margallah Hills Park. However, a Civil Judge Inam Ullah 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, directing to examine the order and if necessary take action against the civil judge. He said that it is ridiculous that a judicial magistrate stayed the Supreme Court order, adding that by doing this he has committed contempt of court.
Ahsan Bhoon, representing Monal Restaurant, told that the 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 He, however, informed that suit for stay had been withdrawn on October 2.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 Inam Ullah, 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 don’t 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 that after the SC 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.
Justice Isa said that if a court decision is wrong then criticize 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 verdict on Article 63A of the Constitution said that 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-half-year.
