Writ is written document from remedial right of the people of a welfare state for the purpose of enforcement and implementation of substantive law, where there has been an infringement of their fundamental rights.
Types of the writ
The Constitution of Bangladesh indicates towards following kinds of writs, namely-
• Habeas corpus
• Certiorari
• Prohibition
• Mandamus &
• Quo-Warranto.
Writ of Certiorari
The term certiorari means 'to be certified' or 'to be more fully informed of. Initially, certiorari was a judicial writ. However, with time, gradually the jurisdiction of this writ was enlarged to the field of judicial, quasi-judicial and even administrative functions. This writ power has empowered the High Court Division of the Supreme Court to control the action of the inferior or subordinate courts, i.e. whether the subordinate courts in Bangladesh are functioning within their jurisdiction or in excess of their jurisdiction.
Writ of Prohibition
Prohibition means 'prohibit' which is a preventive writ. It authorizes the High Court Division to prohibit the court, tribunal, authority or person from doing, what s/he or it is not permitted by law to do. A writ of prohibition lies where there is the absence of jurisdiction or excess of jurisdiction, abuse of power or violation of the principle of natural justice.
Writ of Mandamus
Mandamus means 'command'. This writ is one of the most popular, valuable and essential remedies in the administration of justice. The superior court, i.e. High Court of the Supreme Court, through this writ gives the command to require any person, corporation, inferior court or government to do some particular which is related to his/her or its public duty and in certain cases of statutory duty, imposed upon him/her, them or it by the constitution or by any other law.