No more ivory towers

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The Sindh Civil Courts (Amendment) Act 2025 was not assented to by the Governor of Sindh and returned to the Provincial Assembly. The Act, in essence, provides for all cases (pending and newly instituted) to be filed before the District Courts of Karachi, taking away the original jurisdiction of the Sindh High Court.

Some welcome this amendment while others stand against it.

Why do they stand against it? Let me break it down in simple terms.

Imagine yourself as a 10-year-old, witnessing your close relative or a member of your immediate family authoring judgements as a judicial officer of the higher courts. Then one day, you step into the higher courts as a lawyer yourself and start getting royal treatment from everyone, even from the men in power, for obvious reasons.

Imagine you make big money off of your family's name and continue practising before officials who favour you and help your practice grow. You're at the summit. You use all means necessary (legal or illegal) to get your way and get your interim orders (by hook or by crook). You've always considered the lower courts to be a place unworthy of your footsteps and the higher courts is where you thrive.

Interim orders continue and once you obtain favourable orders, you continue to evade proceedings and tell your associates to hold brief and get the matter adjourned as many times as possible. All of this with complete impunity.

One day though, you wake up and see that the Sindh Civil Courts (Amendment) Act 2025 is about to be passed and all matters will now proceed before the lower courts. You start questioning your entire livelihood. The façade of your 'legal practice' starts crumbling right before your eyes and you start questioning everything. No more interim orders, no more sweet talking to get what you want and no more big money.

Let me be the bad person and give it to you straight. For all those opposing the Act, it's never been about legalities and it's never been about 'you can't pass the Act because historically Sindh High Court draws its original jurisdiction from Bombay'.

It's always been about the fact that our lawyers have gotten so used to abusing the system and profiting off of it that they don't want to lose that power. The district courts have been known to be hesitant with granting interim orders and no one wants to risk their livelihood.

We're seeing the masses agree with this legislation and we're seeing some disagree with it. Other provinces in the country have unlimited jurisdiction too, why not the Sindh High Court?

Unlimited jurisdiction has its perks too. This means more cases will now proceed before the lower courts which means more clients will approach less bigger names in the district courts. More even distribution of income, less saturation and everyone gets more work. Everyone gets to learn more from 'bigger' lawyers who will now argue matters before the district judiciary. Win win, right? Everyone learns, everyone makes money and everyone goes home happy. Except for those who used to thrive on interim orders and adjournments.

About time we get off of our high horse, treat everyone equally.

Unfortunately, within our legal system, we've created these layers where a lawyer who practises more in the higher courts is somewhat 'superior' and someone who argues more before the district courts is 'inferior'. Unlimited jurisdiction will also eliminate this self-constructed bifurcation.

Many first gen lawyers will agree with me, a young lawyer, that they were all sick of face value being the only factor behind obtaining a judgement in your favour. It might not be as easy anymore.

The district court coupled with its dilapidated infrastructure and scarce parking is a terrain not everyone will be willing to tackle. The colosseum which houses warriors and gladiators fighting every day for a fair day's pay await more challengers in the ring.

The only difference is that the new challengers this time don't have a finger to latch onto.