The Federal Constitutional Court (FCC) has issued a landmark ruling addressing delays in announcing reserved judgments and the issue of decisions being leaked before their official release.
In a detailed seven-page judgment written by Justice Aamer Farooq, the court declared that failing to deliver a reserved verdict within the prescribed timeframe constitutes a violation of the law. Copies of the ruling have been circulated to all High Courts to ensure its implementation.
The court made it clear that High Courts are required to announce reserved judgments within 90 days. Any decision issued beyond this period may be considered invalid solely on the grounds of delay.
It further emphasized that the procedural rules of the Supreme Court of Pakistan and High Courts carry legal authority, and breaching these rules can lead to consequences. The judgment also highlighted that any form of leak—whether intentional or accidental—regarding a verdict or its contents before its official announcement is strictly prohibited, and all judges and court staff are bound to uphold confidentiality.
The court noted that if a judgment or its details are disclosed prematurely, the head of the bench has the authority to order a fresh hearing. In such cases, the matter may be reheard either by the same bench or a newly constituted one.
Additionally, the ruling stated that such issues should be referred to the Chief Justice in High Courts, while in the Supreme Court they should be taken up by the judges’ committee. The court stressed that timely justice is essential, despite the increasing backlog of cases, and expressed concern over the growing trend of reserving judgments for extended periods.
It observed that delays often occur due to complex legal questions or lack of consensus among judges, leaving parties waiting for long durations. In the case under review, a High Court had delivered its reserved judgment after a delay of 10 months.
The court ultimately disposed of the appeal filed by the Pakistan National Shipping Corporation and set aside certain observations made by the Sindh High Court regarding a pension-related matter.
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