Tensions Flare Between Chief Justice and Naeem Bukhari in Margalla National Park Commercial Activities Case

Islamabad: The Supreme Court of Pakistan, led by Chief Justice Qazi Faez Isa, is currently deliberating on review petitions related to the cessation of commercial activities in Margalla National Park. During the hearing, tensions escalated between Chief Justice Isa and senior counsel Naeem Bukhari, who is representing various restaurants including Monal Restaurant.
Chief Justice Isa, heading a three-member bench that also includes Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan, questioned the necessity of a review petition given that the court’s earlier decision had been made with the consent of all parties involved. He emphasized that the decision required the closure of restaurants within three months, making the review petitions redundant.
Naeem Bukhari argued that the decision was not based on consensus but on coercion, presenting two options: either close the restaurant voluntarily or face demolition. Bukhari claimed that his client, Dr. Mohammad Amjad, who holds a 66% share in the restaurant, was not heard during the court’s decision as he was abroad at that time.
Chief Justice Isa questioned how commercial activities could be permitted in a national park designated for wildlife. Bukhari countered that his client possessed a license and had received notices from FIA in 2018 regarding a rent increase, implying the legitimacy of their operations.
The exchange between Chief Justice Isa and Bukhari became increasingly heated. Bukhari referenced historical cases and criticized the court’s approach, leading Chief Justice Isa to respond sharply, emphasizing that past cases should not overshadow current legal issues.
Justice Mandokhail suggested acknowledging past mistakes, while Bukhari claimed his right to a fair hearing had been compromised. He also noted that previous investigations by FIA had found no wrongdoing by the restaurant owners.
The hearing concluded with the Supreme Court reserving its decision on the review petitions. This follows the court’s June 11 order for restaurants, including Monal, to relocate from the Margalla hills within three months. The Supreme Court had upheld the Islamabad High Court’s January 11, 2022 ruling which declared the lease agreement between Monal and the Capital Development Authority (CDA) void and ordered the restaurant’s closure.
The Supreme Court’s order aims to protect the national park, ensuring that all commercial activities are removed from the designated wildlife area.