Courtesy: Daily Times
VIEW: Legal minds of Pakistan —Yasser Latif Hamdani
The gap between Pakistan and India in terms of intellectual, economic and social development is roughly equal to the gap between Ram Mohan Roy and Sir Syed Ahmed Khan in terms of time
Any legal scholar picking up jurisprudence in Pakistan would be under the impression that Pakistan and India never separated. The reliance Pakistani jurists, judges and lawyers place on Indian judgements and case law is phenomenal.
Indian precedents are not just persuasive – as in the case of English judgements and some American ones – but are given the status of near-law. This is hardly surprising, of course, given that most of the laws in Pakistan and India predate independence and very few, if any, have been updated in Pakistan. What is definite, however, is that Indian jurists and lawyers are certainly far superior as a whole when it comes to expounding law. Continue reading