Jurisdiction issue has blind spots

Published
0

AFTER years of struggle by young lawyers, the provincial assembly in Sindh recently passed a bill to amend the pecuniary jurisdiction of the Sindh High Court (SHC). After a bit of delay, the provincial governor also gave assent to the bill, putting an end to the SHC’s original jurisdiction once and for all. But will this serve the litigants? Well, it is a difficult question to answer.

We have seen lawyers take stay orders in their favour, and delay cases for years and decades. Many cases filed in the 1990s and after 2000 are still pending, with lawyers obtaining stay orders for their clients.

However, this practice has somewhat declined as judges in subordinate courts have become more reluctant to issue stay or ad-interim injunctions, similar to how bail is treated in criminal cases. While the reasons for this are unclear, this is what the reality is.

After the governor’s assent, the SHC has issued a notification to the effect that no one can file a suit directly. That is fair, but what about the cases that require urgent attention? As of now, the pending suits have not been transferred to the district courts of Karachi. Even if they were transferred promptly, where will all these files be kept? How will they be managed? No strategy has been put in place yet.

We have all seen how files are stored in district courts. Now, a new batch of files will arrive, but where will it be housed? How will the files be organised? One cannot find a case file in a district court without paying a bribe to the court or office staff. I am not sure about the young lawyers, but the court staff will definitely benefit from this change in pecuniary jurisdiction.

Young lawyers are excited that their practice will grow and thrive, but I am not sure if their excitement is grounded in practicality. I believe some will take advantage of the change, but not all will.

The question still remains, how will all of this be managed? As American historian Jerold S. Auerbach said, “The effective administration of justice requires close coordination between the judiciary (Bench) and the legal profession (Bar), ensuring that both parties understand their roles and responsibilities in faci-litating timely and equitable outcomes.”

So, for the smooth transition and effective resolution of cases, all stake-holders, including the SHC, Karachi district courts, the Sindh Bar Council, the Sindh High Court Bar Association and the Karachi Bar Association, must play their part in ensuring that these cases are swiftly transferred and resolved.

Hassan R. Khaskheli
Karachi

Published in Dawn, April 8th, 2025

Opinion

Editorial

Fixing bond markets
Updated 01 Oct, 2026

Fixing bond markets

Pension funds, insurance companies, mutual funds, retail investors, and eventually, foreign investors must become bigger participants in the market.
Call centre rackets
01 Oct, 2026

Call centre rackets

A NUMBER of recent raids conducted by the authorities in different cities point to the growing threat fraudulent ...
Homeward bound
01 Oct, 2026

Homeward bound

FIVE months after Somali pirates captured an oil tanker carrying a 19-member multinational crew, Somali maritime...
Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...