The judgment emphasized that speedy processing of cases is essential for an efficient legal system
ISLAMABAD:
The Federal Constitutional Court (FCC) has noted that while delay in the disclosure of a reserved order does not invalidate it, such delay reflects negatively on judicial efficiency and undermines the timely administration of justice.
In a judgment partially allowing a petition challenging a decision of the Sindh High Court (SHC), the FCC ordered the dismissal of certain observations of the Supreme Court.
Citing the Supreme Court’s decision in MFMY Industries Limited v Federation of Pakistan, the FCC said the high courts are expected to deliver reserved judgments within 90 days.
If complexity prevents a decision within that time frame, the case should be reheard and decided within 120 days, it added.
The judgment emphasized that speedy processing of cases is essential to an effective justice system, adding that without timely judgments, the very concept of justice is compromised, leaving litigants in prolonged limbo.
It also elaborated on the legal framework for reserved judgments, stating that once a judgment is reserved, it remains within the exclusive domain of the court until it is formally delivered in open court.
Any premature disclosure or leakage of its contents before it is signed and issued as an official order constitutes a serious breach of confidentiality and may invalidate the declaration, it said.
Citing rules of procedure including Order X, Rule 1 of the Pakistan Supreme Court Rules, 2025, the FCC highlighted that judgments must be delivered either immediately after the hearing or at a future date with due notice to the parties.
It emphasized that unsigned or prematurely disclosed judgments remain mere drafts and have no legal status. The court warned that any deviation from established rules and practices – whether by judges, court staff or parties – could lead to serious consequences.
Consequences include re-examination of the case at another forum. The FCC reaffirmed that compliance with court rules is mandatory as they carry the force of law.
The court observed a recent trend of delays in the delivery of reserved judgments, which it said exacerbates difficulties for litigants and erodes public confidence in the judicial system.
It emphasized that such practices are unacceptable and should be strictly avoided. The court ordered that a copy of the judgment should be circulated to all high courts for strict compliance with the rules on court appearance and decision-making.
The petitioner had approached the court against the judgment dated 3. June 2021 of the SHC which had allowed a constitutional challenge filed under Article 199 of the Constitution.
