After all when will Urdu be used in the High Courts of Pakistan? When will English be banished from them? It has been more than 67 years that Pakistan has gained independence but in our High Courts, the slavery of English is continuing till date. All our laws are drafted in English. Why nobody has attacked this slavery in our Parliament and High Courts?
The judges continue to give their judgments in grammatically poor English, with errors in almost every second sentences.
What could be more shameful for this country? But our judges and lawyers keep on putting up with this insult. They are clueless because they have studied the law in English and in Pakistan only that law is enforced which has been laid down by the British.
In the past 67 years although we have been framing the law in our Parliament, but that too in English. These laws are written in the same complicated style which was a Colonial one. Even those, who are proficient in English fail to understand it. Even the skilled judges and advocates get so bugged up that even simple cases get procrastinated for years. Most of time and energy of judges and lawyers squandered in unraveling the meanings of the English terms.
John Stuart Mill has very well said that the justice delayed is justice denied. These laws, and the arguments on them and the judgment passed there on become a matter of sorcery for a common man.
Why did we fight for independence? The way English has been imposed on us, even British could have continued to rule us. What did the people of Pakistan gain by giving it clear majority?
The political leadership is also handicapped with the use of English language and could hardly speak proper English and mostly read like school pupils written speeches in English.
All the countries of the world who are called superpowers, have their own language in their High Courts. Its only in some former slave countries like Pakistan that a foreign language has the monopoly.
As the education level rose in European countries, the prosperity increased, modernization got accelerated and self esteem boosted, they shook off Greek and Latin and adopted their own language in totality.
In 1539, France said goodbye to Latin from its courts. In the 18th century, Germany shrugged off Latin.
English courts were so much slavish to German and French languages that if someone used English in the courts, he had to pay the penalty to the tune of few pounds. But in 1362, English was declared as the official language of the British courts. Same way in the last 100 years, Russian in Russian courts and Chinese in Chinese courts is used. In the courts of many European countries, English is banned.
The high courts of these powerful countries do not use any foreign language because it violates their human rights. The argument which is not comprehended by the litigant and the defendant is a travesty of justice. It is not justice but injustice. If only a handful of people can understand the judicial process, it is not justice but a conspiracy. It is against the tenets of the democracy. Why is the judicial process so expensive in Pakistan? Why has it gone beyond the reach of a common man? Just because it is in a foreign language. It is used as a Jadu-Tona, a witchcraft, to fleece the common folk.