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.
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@Zareena
thanks for your appreciation
These are really useful and rear information in the field and practice of laws.
Useful and authentic I seeks a lot of things relate to law.
its not sufficient but just about the names of writs….
It is really good job…
I acknowledge
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?
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.
@Ghulam Rasool
if you are govt. servant you can file appeal in Service Tribunal and after that you can go to the High Court
Appeal from service tribunal directly go through SC not HC
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…
Salam can family case transfer Lahore to ajk?
@Zeeshan
yes but depends upon the facts and circumstances of the case
Thanks !
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..
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
@Amna Tahir
Your lawyer need to highlight that point in the High Court as Writ only lies when there is no alternative remedy available
carry on
Very informative
Tnx a lot admin
Regards
Sami
Its nice and really helped in my mids??
yeah it is really very useful tools for the learners, and practioners.
Much appreciated for the concrete and useful information…
I’ll clear my LLB with flying Grades ? Simple and easy to understand
Now I easily understood about writs.
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
@Asad
Writ be filed for the protection of fundamental rights
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?
Can a writ of certiorari be filed instead of an appeal or revision?
@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
Thank you for your kind guidance
Plz also published the relevant laws and constitutional articles in this respect
Comprehensive and easy elaboration
Really admirable.