Court documents showed on Thursday that instead of complying with the Supreme Court's order to relocate illegal restaurants operating in the protected Margallah Hills, the government has decided to transfer jurisdiction over the Islamabad Wildlife Management Board (IWMB) from the Ministry of Climate Change and Environmental Coordination to the Ministry of Interior.
"A fortnight later, another Notification was issued whereby the IWMB was "transferred" from the Ministry of Climate Change and Environmental Coordination to the Ministry of Interior," states a contempt of court petition filed by Chairperson IWMB Rina Saeed Khan.
"It does not mention any formal consultation process which took place before its issuance, nor does it mention any reason why this decision was taken," the contempt petition further revealed.
"Most importantly, the said notification related to a decision regarding an amendment in the Federal Rules of Business which was made unilaterally by the Prime Minister without even consulting the federal cabinet," added the petition, which had been filed through Advocate Umar Gillani on behalf of Rina Saeed Khan.
"To that extent, it also represents a departure from the prior practice of the Cabinet Division, which is that notifications regarding such amendments in the Schedule III of the Rules of Business are usually made by the federal cabinet."
A contempt petition has been filed against Climate Change Secretary Ezaz Dar, Principlal Secretary to Prime Minister Asad Rehman, and Capital Development Authority (CDA) Chiarman Muhammad Ali Randhawa. Contempt proceedings were also sought against Cabinet Division Secretary Kamran Ali Afzal and his brother Luqman Ali Afzal, the owner of Monal Restaurant and La Montana Dr Amjad.
The contempt of court petition accused these individuals of defying the top court's June order, which directed the closure of restaurants located atop Margallah Hills. The court order had further granted three weeks to relocate the eateries.
The petition further revealed that instead of relocating the restaurants, which are accused of polluting Margalla Hills' protected territory, the respondents had taken a series of steps that reflected a desire to 'eviscerate, debilitate, paralyse and eventually neutralise the IWMB'. It is pertinent to note here that the IWMB had led the case against the illegal establishments operating in the Margalla Hills National Park, an environmentally protected territory.
The petition further maintained that on July 19, the secretary of the climate change ministry suddenly removed Rina Saeed Khan as the chairperson of IWMB without any notice.
Rina Saeed Khan, an environmentalist, was replaced by an Additional Secretary from the Ministry of Climate Change and Environmental Coordination.
"In other words, the petitioner was thrown out without giving any reasons and without giving her any opportunity of a hearing," the petition stated, adding that instead, the IWMB was placed under the chairmanship of a bureaucrat.
"The decision to suddenly remove the petitioner as chairperson, the decision to replace her with an "acting charge" bureaucrat, and finally the clandestine decision to transfer IWMB itself to the Ministry of Interior, which has historically been antagonistic to the IWMB, are all episodes of a single story."
The petition argued that when these events are seen in their totality, it is hard to ward off the impression that the entire state apparatus was manoeuvred by some well-connected individuals to protect business interests.
"Since the order of this court, as well as the Islamabad High Court's judgment, which it upholds, have both strengthened the
institution of IWMB, the acts mentioned above, which are calculated for weakening this institution, clearly constitute contempt of court," it argued, adding that the petitioner had been left with no recourse but to approach the top court.
It is pertinent to note here that in light of the deadline given by the Supreme Court for restaurants operating in the Margalla Hills, Monal has publicly announced that September 11 is the last day it will operate in the its iconic hill top location.