ISLAMABAD: Chief Justice of the Islamabad High Court (IHC) Justice Aamer Farooq on Tuesday summoned Senior Civil Judge Mohammad Inamullah for ‘disrupting’ the Supreme Court’s direction to demolish an eatery located in the Margalla Hills National Park (MHNP).

Chief Justice of Pakistan Qazi Faez Isa in August this year declared the eateries at the MHNP including Monal and La’Montana illegal and ordered their demolition.

While the apex court dismissed the review petition in this matter, the Judge Inamullah issued a stay order on a ‘frivolous’ application.

While hearing the contempt proceeding in the MHNP case, Justice Isa noted that the application was treated without receipt of the court fee, there was no detail of the applicant and the judge stayed demolition without issuing notice to the parties in the matter.

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He observed that the judge potentially obstructed the Supreme Court order, with a direction to the IHC to consider an action for misusing authority after considering the conduct of the judge.

It is strange that the civil judge obstructed the implementation of the apex court order and thus committed contempt of the court when the judge should have considered first whether any relief could be given, the apex court observed.

Sources said that the IHC Chief Justice took serious notice in this matter and summoned the judge in chamber on Wednesday (today).

According to the sources, an explanation from the judge would be sought and in case he could not give plausible reason for granting the stay order, he would either be stripped off his judicial powers or be suspended.

Back in 2021, a single bench of the IHC comprising the then Chief Justice Athar Minallah, had ordered the demolition of Monal and La Montana because it was located in the middle of a protected national park and ran afoul the Wildlife Ordinance of 1978.

Monal appealed to the Supreme Court and got a stay. However, in June 2024, the Supreme Court bench headed by Chief Justice Qazi Faez Isa dismissed Monal’s appeal and confirmed the High Court’s order. The SC, however, gave Monal a 3-month grace period to vacate the place.

After expiry of the grace period, on Sept 21, when the demolition ordered by the Supreme Court finally began, the judge Inamullah surprisingly issued a stay order against the apex court’s decision.

The stay was granted by Judge Inamullah on the basis of a suit filed by a contractor Ajab Gul who alleged that the Wildlife Board had ignored procurement rules to award the contract to demolish the eatery.

The judge adjourned the hearing till Oct 3.

However, after a criticism over the restraining order, the plaintiff on Oct 2, filed an application for withdrawal of the case.

On his application, the Civil Court dismissed the suit, without issuing notices to the Wildlife Board.

Published in Dawn, October 9th, 2024