WRIT

In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, and subpoenas are common types of writ, but many forms exist and have existed.

Prerogative writs

 The “prerogative” writs are a subset of the class of writs, those that are to be heard ahead of any other cases on a court’s docket except other such writs.

The most common of the other such prerogative writs are

  • Habeas corpus
  • Quo Warranto
  • Prohibition
  • Mandamus
  • Certiorari

The due process for petitions for such writs is not simply civil or criminal, because they incorporate the presumption of no authority, so that the official who is the respondent has the burden to prove his authority to do or not do something, failing which the court has no discretion but to decide for the petitioner, who may be any person, not just an interested party. In this, they differ from a motion in a civil process in which the burden of proof is on the movant, and in which there can be a question of standing.

Detailed Explanation

A writ petition is an order given by a higher court to a lower government official or lower court in an effort to preserve the rights of a country. These rights may be individual rights or they may ensure that the governmental system is running appropriately. There are following different writ petitions. The Writ Petitions are filed in the Higher Courts.

Kinds of Writ Petition In Pakistan

  1. Writ of Habeas Corpus

An infringement of fundamental and inalienable right are granted to a citizen under articles 4 and 9 of the Constitution of Pakistan 1973 for his life and liberty but when any person is detain illegally or improperly in public or private custody then the Higher Courts are empowered to take action. Habeas corpus (“produce the body” in Latin) is a writ given to an institution or a prison warden to release an imprisoned person from custody. This keeps a Government from imprisoning people unlawfully. This is sometimes given when the preservation of life is in danger due to improper jail conditions or other violations.

  1. Writ of Mandamus

This writ is given to a lower-level court or a government officer to mandate that proper laws be followed. Mandamus might be given if an official is not using his position appropriately or if a court is not following the laws of the state or country. This writ (also called the “writ of mandate”) ensures that the government and the individuals in charge are performing their functions properly.

  1. Writ of Prohibition

The writ of prohibition is given to a lower court by a higher court to stop it from taking up a case. Typically this is done when the case is outside the jurisdiction of the lower court and the higher court feels that no further action should be taken on it. The higher court may take over the case after this writ has been given.

  1. Writ of Certiorari

When a lower court has made a decision that a higher court deems incorrect or inappropriate, this writ will often be used. The writ of certiorari allows a higher court to review the materials from the decision of a lower court with the option of reversing the decision. This can also be used in a workplace to make sure that a punishment levied by an employer against an employee is appropriate.

  1. Writ of Quo Warranto

If a person claims that he has the power of a public office without any legality behind it, he is issued a quo warranto. After the writ has been given, the person must show by what authority he has asserted his claim.