The Supreme Court has reserved its judgement on the review petitions filed against the closure of the Monal and LaMontana restaurants, both of which have been embroiled in a legal battle over their operations in Islamabad's protected national park area.
A three-member bench headed by Chief Justice of Pakistan Qazi Faez Isa heard the arguments from both sides, with Naeem Bukhari representing LaMontana Restaurant. The proceedings were marked by a series of intense exchanges between the chief justice and Bukhari.
At the beginning and end of the hearing, Naeem Bukhari introduced his son to the judges, whom he said had accompanied him to observe the court's workings. Bukhari remarked, "My son has studied abroad and considers himself a lawyer. Today, I brought him along to see how the court operates."
However, by the end of the heated session, Bukhari noted with humour that his son had left the courtroom, saying, "Thank you for hearing me, maybe my son has run away."
Justice Jamal Mandokhel told Bukhari perhaps he could not impress his son, while the chief justice remarked that perhaps his son also wanted the national park to be preserved.
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During the hearing, Chief Justice Isa and Naeem Bukhari engaged in a robust exchange of arguments. The CJP questioned the continuation of commercial activities by the restaurants despite a prior high court decision ordering their closure, adding that this was a matter of fundamental rights, as the animals in national parks also had rights.
"There was a decision of the high court, yet you continued to do commercial activities and run the restaurant in violation of the rules," remarked Justice Isa. Bukhari defended his clients, stating they had a license to operate, though the CJP pointed out that the license in question was with an annual fee of just Rs11,000. Bukhari argued that was the fee in 1999.
Chief Justice Faez Isa questioned the FIA's authority over the whole matter. "Many times in my country, those who have no authority have done many things," Naeem Bukhari replied, adding everyone knew "what happened in 1954". The CJP told him not to point a finger at them over events that took place before their birth.
"You think I will be scared if you raise your voice? I am not afraid of loud volumes," Naeem stated. "You yourself wrote in the Bhutto reference what happened in the past.
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Earlier, when the chief justice remarked that they had ordered to shut down the restaurant with the consent of the owners, Bukhari argued that the consent was not given voluntarily. He suggested that the owners were pressured into compliance with only two options: immediate closure or a grace period.
He further said that the LaMontana restaurant had different shareholders, who weren't given an effective hearing. "In the past, the FIA conducted an investigation against the restaurant owners and revealed that they did not commit any crime," he added.
"Mr Bukhari are you serious? What does the FIA have to do with it? Many times people get a case filed against themselves too," Chief Justice Isa remarked. "Over the non-renewal of the license, an investigation was conducted through the FIA that no crime was committed."
As the hearing concluded, Bukhari apologized to the court for his loud tone during the session. CJP Isa responded that he was amazed that the lawyer was speaking like that. "As judges, it is our painful duty to ask tough questions," he added.
