Pakistan’s Federal Constitutional Court (FCC) has declared that prolonged reserved judgments in superior courts, exceeding the stipulated timeframe, are unlawful. Justice Aamir Farooq authored the detailed seven-page ruling after hearing a petition filed by the Pakistan Shipping Corporation challenging a Sindh High Court (SHC) decision in a pension dispute.
Justice Farooq emphasized that high courts are obligated to deliver reserved verdicts within 90 days. He highlighted that the procedural rules of the Supreme Court and high courts carry the force of law, and any breaches must have consequences. The FCC ruled that verdicts announced after the prescribed period could be invalidated solely on that basis.
The judgment further stressed that judges and court staff must strictly adhere to procedural regulations. It warned that even inadvertent leaks of judgments or their key points by bench members before official delivery violate court rules. In such cases, the bench head may order a rehearing, which can be conducted by the same or a different bench.
In a significant development, the FCC stated that any irregularities related to these matters in high courts would be referred to the respective chief justice. For cases in the Supreme Court, the issue would be forwarded to the judges’ committee for appropriate action.
The court observed a rising trend of reserved judgments being delayed, causing litigants to endure lengthy waits for case outcomes. It noted that verdicts are typically reserved when judges lack consensus or when legal complexities arise. The ruling specifically referenced an instance where the SHC took nearly 10 months to announce a reserved judgment.
Additionally, the FCC dismissed the Pakistan Shipping Corporation’s appeal against the SHC verdict and invalidated certain observations made by the high court. The court ordered that copies of this judgment be distributed to all high courts to ensure uniform implementation of the ruling.
