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.