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    Writ

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    Kashif Mehmood
    Writs are formal orders issued under seal by a sovereign, government, or court authority commanding an action or prohibiting an action. Under Pakistan's constitution, the Supreme Court and High Courts are empowered to issue writs to enforce fundamental rights. There are five main types of writs: habeas corpus, mandamus, prohibition, certiorari, and quo-warranto. A writ of habeas corpus commands production of a detained person to determine if detention is lawful. A writ of mandamus commands a public official to perform a duty. A writ of prohibition forbids a lower court from exceeding its jurisdiction. A writ of certiorari transfers a case to a higher court. A writ of quo-warranto challenges

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    Writ

    Uploaded by

    Kashif Mehmood
    58 views2 pages
    Writs are formal orders issued under seal by a sovereign, government, or court authority commanding an action or prohibiting an action. Under Pakistan's constitution, the Supreme Court and High Courts are empowered to issue writs to enforce fundamental rights. There are five main types of writs: habeas corpus, mandamus, prohibition, certiorari, and quo-warranto. A writ of habeas corpus commands production of a detained person to determine if detention is lawful. A writ of mandamus commands a public official to perform a duty. A writ of prohibition forbids a lower court from exceeding its jurisdiction. A writ of certiorari transfers a case to a higher court. A writ of quo-warranto challenges

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    Writs are formal orders issued under seal by a sovereign, government, or court authority commanding an action or prohibiting an action. Under Pakistan's constitution, the Supreme Court and High Courts are empowered to issue writs to enforce fundamental rights. There are five main types of writs: habeas corpus, mandamus, prohibition, certiorari, and quo-warranto. A writ of habeas corpus commands production of a detained person to determine if detention is lawful. A writ of mandamus commands a public official to perform a duty. A writ of prohibition forbids a lower court from exceeding its jurisdiction. A writ of certiorari transfers a case to a higher court. A writ of quo-warranto challenges

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    58 views2 pages

    Writ

    Uploaded by

    Kashif Mehmood
    Writs are formal orders issued under seal by a sovereign, government, or court authority commanding an action or prohibiting an action. Under Pakistan's constitution, the Supreme Court and High Courts are empowered to issue writs to enforce fundamental rights. There are five main types of writs: habeas corpus, mandamus, prohibition, certiorari, and quo-warranto. A writ of habeas corpus commands production of a detained person to determine if detention is lawful. A writ of mandamus commands a public official to perform a duty. A writ of prohibition forbids a lower court from exceeding its jurisdiction. A writ of certiorari transfers a case to a higher court. A writ of quo-warranto challenges

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Writ

    General Meaning

    A formal order in Writing issued under seal, in the name of a sovereign, government, Court or
    other authority, commanding an officer or other person to whom it is issued to do or refrain from
    doing some act specified therein.

    Constitutional Remedy

    Under the Pakistan’s Constitution Supreme Court and High Court are empowered to issue writs,
    for the enforcement of fundamental rights. Article 32 - Supreme Court Article 226 – High Court

    Article 32

    Constitution of Pakistan grants an extensive original jurisdiction to the Supreme Court in regard
    to enforcement of Fundamental Right.

    Article 226

    Constitution of Pakistan can be exercised not only for the enforcement of fundamental right but
    for any other purpose. Jurisdiction is wide and extends to Fundamental rights and other
    constitutional rights.

    Types of Writ

    1. Habeas corpus
    2. Mandamus
    3. Prohibition
    4. Certiorari
    5. Quo-warranto

    Writ of Habeas corpus

    Habeas Corpus means, “you may have the body." A person, when arrested, can move to the
    Court for the issue of Habeas Corpus. It is an order by a Court to the detaining authority to
    produce the arrested person before it so that it may examine whether the person has been
    detained lawfully or otherwise. If the Court is convinced that the person is illegally detained, it
    can issue orders for his release.

    Who can apply?

    General rule is that an application can be made by a person who is illegally detained. But in
    certain cases, an application of habeas corpus can be made by any person on behalf of the
    prisoner, i.e., a friend or a relation.
    Writ of Mandamus

    Mandamus is a Latin word, which means" We Command" Mandamus is an order from a superior
    court to a lower court or tribunal or public authority to perform an act, which falls within its
    duty. Simply, it is a writ issued to a public official to do a thing which is a part of his official
    duty, but, which, he has failed to do, so far. This writ cannot be claimed as a matter of right. It is
    the discretionary power of a court to issue such writs.

    Writ of Prohibition

    Writ of prohibition means to forbid or to stop and it is popularly known as Stay Order. This writ
    is issued when a lower court or a body tries to transgress the limits or powers vested in it. It is a
    writ issued by a superior court to lower court or a tribunal forbidding it to perform an act outside
    its jurisdiction. After the issue of this writ, proceedings in the lower court etc. come to a stop.

    Writ of Certiorari

    Literally, Certiorari means to be certified. The writ of certiorari is issued by the Supreme Court
    to some inferior court or tribunal to transfer the matter to it or to some other superior authority
    for proper consideration.

    Writ of Quo-Warranto

    The word Quo-Warranto literally means “on what authority one is holding the public office" It is
    a writ issued with a view to restraining a person from acting in a public office to which he is not
    entitled. For example, a person of 62 years has been appointed to fill a public office whereas the
    retirement age is 60 years. Now, the appropriate High Court has a right to issue a writ of quo-
    warranto against the person and declare the office vacant.

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