The recent decision of the Sindh governor to return the Sindh Civil Courts Amendment Bill, citing that the Sindh High Court (SHC) is more competent to handle commercial matters, appears to be based less on efficiency and more on elitism. The argument that the SHC is inherently more competent or expedient does not hold up against the fact that lower courts in Sindh have demonstrated remarkable efficiency and fairness in disposing of civil matters. The real issue behind this opposition is not legal competence but a deeply ingrained superiority complex. Many elite lawyers, accustomed to the grandeur of the High Court, resist stepping into modest, humble city courtrooms and arguing before judges they perceive as ‘small’.
Their reluctance is not based on procedural concerns but on their disdain for the working-class lawyers who operate in these courts. I look forward to the day when these individuals are forced to argue on an egalitarian platform – where arguments and legal acumen hold more weight than elitist airs. Until then, let us recognise that the resistance to transferring original jurisdiction is more about social stratification than about justice or efficiency.
Naveed Zaman Khuhro
Deputy District Attorney
Karachi