Pakistan
Detailed decision of Monal case issued
The Supreme Court decision said that wildlife experts should be consulted about how the place of the restaurant should be utilised
Islamabad: The Supreme Court of Pakistan issued a 25-page detailed judgment in the Monal Restaurant case.
In the judgment written by Chief Justice of Pakistan (CJP) Qazi Faez Isa, it was said that according to Article 9, 14, life is the fundamental right of every bird. It has been proved by science that no creation in the world is without purpose. Science is proving that the world is becoming devoid of birds, trees and animals.
The Supreme Court upheld the decision of the former Chief Justice of the Islamabad High Court (IHC), Athar Minullah, and said that the Wildlife Board should take over the control of Monal from September 11. With the help of the Capital Development Authority (CDA) and the police, it should be taken over by putting up a barrier on the way to the restaurants. The restaurant buildings should be demolished without disturbing the wildlife.
The decision of the Supreme Court said that wildlife experts should be consulted about how the place of the restaurant should be utilised. Expert opinion should be taken whether an artificial lake can be built there for water.
In a detailed judgment, the Supreme Court said that the Secretary of the Ministry of Defense should ensure that the enacted laws are strictly enforced. Chairman CDA should immediately guide the Secretary Ministry of Defense on the effective and applicable laws.
The decision said that the Secretary of the Ministry of Climate Change and the Director General (DG) Environmental Protection Agency should conduct a survey of the Monal restaurant and the buildings constructed in the area to assess the damage to the environment.
According to the Supreme Court's decision, such steps must be taken that are necessary to prevent further environmental degradation, which will include full assistance of the Islamabad Police to the CDA for possession.
The decision stated that the entrances to the said area would be barricaded. The restaurants will be demolished without affecting the wildlife and the trees of the national park. The debris will be removed and properly disposed of and will not be released within the national park boundaries.
The Supreme Court in its judgment further said that the Wildlife Board will decide how best to use this hilltop. Experts and environmentalists may be consulted in this regard. Experts may be consulted to remove or abandon the foundations of these structures.
The detailed decision said that under no circumstances should the building be left desolate and the debris should not be allowed to remain at the site. Every possible effort should be made to make this land an integral part of the National Park again.
The Supreme Court in its judgment said that the lease agreement of Monal Restaurant with the Capital Development Authority had expired.