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.

The writ of habeas corpus is used to secure the release of a person who has
been detained unlawfully or without lawful justification. Value of the writ is
an immediate determination of a person‘s right to freedom.

This writ of Habeas Corpus may be prayed by the prisoner or the person detained
himself or his relatives may also pray before the court on his behalf to question the
validity of detention or curtailment of his personal liberty

Other than against the state, Habeas Corpus may also be issued against illegal
custody or detention by the private person.

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.

The writ of mandamus is issued to enforce the performance of public duties

by authorities of all kinds. The court may command a public authority to
perform duty belonging to the office of statutory nature. The object is to
prevent the disorder from a failure of justice, where justice despite
demanded has not been granted.
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.

The writ of certiorari is issued to quash the decision after the decision has
already been taken by a lower Tribunal. It may be that in the proceeding
before an inferior court the High Court may have issued both prohibitions
to prohibit the body from proceeding and certiorari further to invalidate
what it has already been done by it.

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.

This writ calls upon the holder of a public office to show to the court under
what authority he is holding that office. Its views to restrain a person from
acting in the public capacity which he is not entitled to.

This writ cannot be issued against the appointment of a council of

ministers, chief ministers, and governors. neither can it question the
authority of private institutions to hold an office of a private character.

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.

The writ of prohibition is also called as preventive writ. Prohibition is

issuable before the proceedings are completed. It is issued to restrain a
lower court from acting under an unconstitutional law.

Writs Origin Meaning

1. habeas corpus  Latin You may have the body
2. mandamus  Latin We command
3. prohibition  English To stop/ forbid
4. quo warranto  Latin By what authority
5. certiorari  Latin To be Certified
 

A writ is an official written directive issued by an organisation with administrative or

judicial jurisdiction; in modern sense, this organisation is known as a court. There are
many types of writs exist including prerogative writs, summons and warrants but there
are many others.The writ, in common parlance, is an order issued by a court in the name of
an authorityrequiring the performance of a specific act.
Prerogative Writs
The "prerogative" writs or writs based on privileges are a subclass of the group of writs,
thosethat are to be heard before regular cases on a court's docket except other such writs.
The mostcommon types of prerogative writs are mandamus, certiorari, habeas corpus,
procedendo,prohibito, and quo warranto, although these technical names have not been
prescribed in theconstitution.
Writ of Mandamus
Mandamus is a judicial remedy which is in the form of an order from a superior court
to anysubordinate court, organisational or public authority to do or refrain from doing some
specificact which that body is obliged under the law to do or abstain from doing, as the case
may be,and which is in the nature of public duty and in certain cases of a statutory duty. It
cannot beissued to force an authority to do something against any statutory law.
Writ of Certiorari
Certiorari is a writ intending for seeking judicial review, currently means an order by
a superiorcourt directing a lower court, tribunal, or public authority to submit the record in
a certain casefor review.
Writ of Habeas Corpus
Habeas corpus is a legal action through which a prisoner can be released from
an unlawfulcustody or detention. The remedy can be pursued by the prisoner or by another
person comingto his / her assistance. Habeas corpus originated in the English legal system,
has historicallybeen an important legal mechanism, protecting rights of individual against
arbitrarygovernmental action.
Writ of Procedendo
A writ of procedendo is a remedy where there is a delay in rendering a judgment that
amount toa abandonment or denial of justice. It is an order of a higher court to lower court,
directing thatcourt to extract a delayed judgment. The writ does not specify as to what
judgment the lowercourt must extract, it merely orders the lower court to proceed to
judgment. Rebuttal to complywith the writ may subject the lower court to an excerpt for
contempt.
Writ of Prohibito
The Court may issue a writ of prohibition to prohibit the authority from acting in excess of
its jurisdiction. This writ is normally issued by a superior court to the lower court asking it
not toproceed with a case which does not fall under its jurisdiction.
Writ of Quo Warranto
The writ of quo warranto is issued against a person who claims or usurps a public
office.Through this process, the court inquires 'by what authority' the person supports his or
her claim.
Other writs