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You are here: Home / Commentry on Law / Writs in Pakistan – Kinds of Writs in High Courts

Writs in Pakistan – Kinds of Writs in High Courts

May 27, 2015 by Admin 31 Comments

Writ

The term “Writ” has its origin from Common Law. Basically it means formal written orders issued by Superior Courts to subordinate courts or Government Officials. The purpose of write is to preserve and protects the fundamental rights of an individual.

In Pakistan Article 199 of the Constitution is about write in High Court. When there is no other remedy available to person he can file write petition under article 199 of the Constitution of Pakistan.

Types of Writ

There are many types of writes but in Pakistan followings are commonly used.

1-Writ of Habeas Corpus

The Latin Term Habeas Corpus means “to produce the body”. This write is issued to institution or prison to release the prisoner or bring it before the court.

2-Writ of Mandamus

This writ is issued for lower courts or government official in case where courts or officials are not following the laws. Simply it means an order to do an act which a person is bound by law to do.

3-Writ of Certiorari

This write is issued when a lower court made a decision which is incorrect or inappropriate in eyes of higher court. In this write higher courts are allowed to call for record and revise the decision of lower courts or officials.

4-Writ of Quo Warranto

It simply means “under what authority you are holding this office”. This write is issued when a person claims any power without legal authority behind it or when official done any act without backing of law.

5-Write of Prohibition

In circumstances where the case is outside the jurisdiction of lower courts, the higher courts can issue the Write of Prohibition to stop the lower court’s proceedings.

Filed Under: Commentry on Law

Reader Interactions

Comments

  1. zareena says

    October 27, 2015 at 7:51 am

    My bigggggggggg problem solved because of this site tnxxxxxxxxxxxxx alottt

    Reply
    • Admin says

      October 28, 2015 at 7:11 am

      @Zareena
      thanks for your appreciation

      Reply
  2. Avocate Mohammad iqbal khan says

    December 7, 2015 at 1:32 pm

    These are really useful and rear information in the field and practice of laws.

    Reply
  3. Babar shah says

    April 2, 2016 at 6:26 am

    Useful and authentic I seeks a lot of things relate to law.

    Reply
  4. muhammad usman says

    May 3, 2016 at 6:52 pm

    its not sufficient but just about the names of writs….

    Reply
  5. Rahmat Ali says

    December 22, 2016 at 10:16 am

    It is really good job…
    I acknowledge

    Reply
  6. Amin says

    January 6, 2017 at 6:48 am

    How to file a writ of Mandamus in Lahore High Court? Can a person other than lawyer file it? What are relevant rules or orders or laws or forms/ formats (only relevant to filing a writ)? How much time can it take to file a writ?

    Reply
  7. Ghulam Rasool says

    February 2, 2017 at 4:41 pm

    How to restore my seniority claim in my department.. I was awarded major punishment of dismissal from service by sp over minor and clerical mistake made in roznamcha. Even I have appealed to higher authorities concerned but all in vain.

    Reply
    • Admin says

      April 25, 2017 at 11:28 am

      @Ghulam Rasool
      if you are govt. servant you can file appeal in Service Tribunal and after that you can go to the High Court

      Reply
      • Advocate Arslan bukhari says

        September 26, 2017 at 6:08 am

        Appeal from service tribunal directly go through SC not HC

        Reply
      • Israr Azam says

        March 28, 2019 at 6:39 am

        That is a exact points 8 -28 protection of fundamental rights to apply five writes plz define it I can’t understand five writes and fundamental rights .my English is very week .I hope u know well…

        Reply
  8. Zeeshan says

    March 15, 2017 at 4:53 pm

    Salam can family case transfer Lahore to ajk?

    Reply
    • Admin says

      March 29, 2017 at 6:14 am

      @Zeeshan
      yes but depends upon the facts and circumstances of the case

      Reply
  9. Jeevu bhatti says

    April 22, 2017 at 12:27 pm

    Thanks !

    Reply
  10. Toseef says

    May 20, 2017 at 1:18 pm

    i may add hear my humble submission that , Prohibition is also where as a lower court in her jurisdiction proceeding with the case in excess or in her own interest prejudicing the law , in these circumstances, the Apex court will order to inferior court not to proceed further with the case..

    Reply
  11. Amna Tahir says

    September 19, 2017 at 6:23 pm

    If a compliant is under adjudication in harassment court and the appellate forum The predident office is available how can one file a writ petition in high court and get stay order?? In definition they say when no remedy is available then writ under 199 option could be availed

    Reply
    • Admin says

      September 25, 2017 at 2:14 pm

      @Amna Tahir
      Your lawyer need to highlight that point in the High Court as Writ only lies when there is no alternative remedy available

      Reply
    • bilal says

      January 9, 2018 at 6:10 pm

      carry on

      Reply
  12. sami says

    November 3, 2017 at 12:01 pm

    Very informative
    Tnx a lot admin
    Regards
    Sami

    Reply
  13. Aryan says

    November 5, 2017 at 9:34 pm

    Its nice and really helped in my mids??

    Reply
  14. Haji Muhammad Advocate says

    November 12, 2017 at 12:15 pm

    yeah it is really very useful tools for the learners, and practioners.

    Reply
  15. Advocate Faheem Shaikh says

    November 28, 2017 at 10:21 am

    Much appreciated for the concrete and useful information…

    Reply
  16. Faizan Ahmed Mangi says

    January 18, 2018 at 7:15 am

    I’ll clear my LLB with flying Grades ? Simple and easy to understand

    Reply
  17. Amin Rahon chandio says

    February 22, 2018 at 6:53 am

    Now I easily understood about writs.

    Reply
  18. Hafiz Asad says

    March 23, 2018 at 7:09 pm

    There is a law made as gas recovery bill 2016. This bill has clauses that are completely depriving me of my badic rights. Can i file a writ petition in hivh court to protect my basic rights against a clause which is a part of approved bill

    Reply
    • Admin says

      March 29, 2018 at 6:47 pm

      @Asad
      Writ be filed for the protection of fundamental rights

      Reply
  19. Mubeen Ali says

    May 9, 2018 at 5:43 pm

    Zulfiqar Ali Bhutto was hanged in charge of murder of Nawab Ahmad Raza Khan Qasori. As his conspiracy was proved during trial but he was not personally involved in the murder he only conspired Qasori’s murder. Basically it was a case of abbetment and according to Sec-109 PPC in such cases there is no death sentence. So,why Mr.Bhutto was hanged. Was that an illegal decision on behalf of courts?

    Reply
  20. Cookimontser says

    May 25, 2018 at 4:48 pm

    Can a writ of certiorari be filed instead of an appeal or revision?

    Reply
    • Admin says

      July 21, 2018 at 7:57 am

      @Cookimonster
      Writ can only be filed when there is no other remedy available
      if appeal or revision is available you cannot file writ of any kind

      Reply
  21. Prince says

    November 12, 2018 at 6:35 pm

    Thank you for your kind guidance
    Plz also published the relevant laws and constitutional articles in this respect

    Reply
  22. Mazhar Hussain says

    December 2, 2018 at 7:34 am

    Comprehensive and easy elaboration
    Really admirable.

    Reply

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