The Federal Constitutional Court has issued a landmark ruling against the practice of preserving court decisions for months and leaking them before they are heard. The court declared that failing to announce a decision within the prescribed time frame violates the law, stating that high courts must publish a preserved decision within 90 days. It added that any decision announced after the deadline can be declared void, and that the rules of the Supreme Court and high courts carry the force of law, with violators facing consequences. According to the ruling, bench members who leak a decision before it is heard—whether intentionally or unintentionally—are breaching the rules, and all judges and court staff are fully obligated to enforce these rules. The bench chief may order a fresh hearing if a decision or its points are leaked prematurely. A fresh hearing can be ordered by the bench that preserved the decision or any other bench; in high courts such matters will be referred to the Chief Justice, while in the Supreme Court they will go to the judges’ committee. The court emphasized that timely delivery of justice is essential amid a heavy backlog of pending cases, noting a recent rise in the trend of preserving decisions. Parties often wait a long time for their rights until a court decision is issued; decisions are preserved when judges cannot agree on a result or when complex legal issues arise. In the current case, the Sindh High Court announced a preserved decision after ten months. The Federal Constitutional Court dismissed the Pakistan Shipping Corporation’s appeal, removed the observations made by the Sindh High Court, and ordered all high courts to implement the decision. Justice Aamir Farooq authored a seven‑page judgment.
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