Writs in Pakistan /Discover the various types of writ in law, including historical writs and their significance

 What is Writ? 

Description about today's blog. 

"

Discover the various types of writ in law, including historical writs and their significance in the legal system. Gain a deeper understanding of this essential legal concept."

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Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Citizens against the violation of their fundamental rights. 

Or

A writ is an official written directive issued by court.

Article 184 and  199 in the Constitution of Pakistan deals with constitutional remedies that a Pakistani citizen can seek from the Supreme Court and High Court against the violation of his/her fundamental rights. Article 199  gives power  to Higher Court of Pakistan to issue writs for the enforcement of rights. 

Types of Writs in Pakistan.

Courts of Pakistan are defender of the fundamental rights of the citizens. 

For that purpose, courts are granted original and wide powers. 

There are  five kinds of writs to enforce Fundamental rights of the citizens. The five types of writs are: 

1. Writ of Habeas Corpus 

2. Writ of Mandamus 

3. Writ of Prohibition 

4. Writ Certiorari 

5. Writ of Quo-Warranto 

Habeas Corpus

The Latin meaning of the word Habeas Corpus is "To have the body out"

Or 

"TO LET THE BODY OUT"

This writ is used to enforce the fundamental right of individual liberty against unlawful detention.

Through Habeas Corpus, High Court orders one 

person who has arrested another person to bring the body of the detained person before the court. 

Facts about Habeas Corpus.

•High Court can issue this writ against both private and public authorities. 

• Habeas Corpus can not be issued in the following cases: 

•  When detention is lawful 
• When the proceeding is for contempt of a legislature or a court 
•  Detention is by a competent court 
•  Detention is outside the jurisdiction of the courts.

Mandamus 

The literal meaning of this writ is "We command"

This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work.

 Besides public officials, Mandamus can be issued against any

•  public body,
•  a corporation, 
• an inferior court,
•  a tribunal, 
• or government for the same purpose. 

Facts about Mandamus

Unlike Habeas Corpus, Mandamus cannot be issued against a private individual 

• Mandamus can not be issued in the following cases: 
• To enforce departmental instruction that does not possess statutory force 

• To order someone to work when the kind of work is discretionary and not mandatory 
• To enforce a contractual obligation  
• Mandamus cant be issued against the President or State Governors Against the Chief Justice of a High Court acting in a judicial capacity.

Prohibition

The literal meaning of Prohibition is To forbid. 

A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess it's directs inactivity. 

Facts about Prohibition 

• Writ of Prohibition can only be issued against judicial and quasi-judicial  authorities. 
• It cant be issued against administrative authorities, legislative bodies and private individuals or bodies.

Certiorari

The literal meaning of the writ of Certiorari is To be certified

 or

 To be informed.

This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case. 

It is issued on the grounds of

1. an excess of jurisdiction
2.  or lack of jurisdiction or 
3. error of law.

 It not only prevents but also cures for the mistakes in the judiciary. 

Facts about Certiorari.

 It cannot be issued against legislative bodies and private individuals or bodies. 

Quo-Warranto

The literal meaning of the writ of 8

Quo-Warranto is 

"By what authority or warrant." 

 High Court issue this writ to prevent illegal usurpation of a public office by a person.

 Through this writ, the court enquires into the legality of a claim of a person to a public office 

Facts about Quo-Warranto.

• Quo-Warranto can be issued only when the substantive public office of a permanent character created by a statute or by the Constitution is involved 
• It cant be issued against private or ministerial office
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Note: This writ gives the right to seek redressal to any individual other than the aggrieved person.