In the Constitution of Bangladesh, the writ jurisdiction provides a mechanism for the protection of fundamental rights and the enforcement of the rule of law. The writs are legal orders issued by the High Court Division of the Supreme Court of Bangladesh to ensure that the rights of individuals are safeguarded and that the government acts within the boundaries of the law.
There are five types of writs available under the Bangladeshi Constitution:
Habeas Corpus: Habeas corpus is a writ that ensures the right to personal liberty. It empowers the court to order the production of a detained person before the court and to release them if their detention is found to be illegal or unjust.
Mandamus: Mandamus is a writ that commands a public official or authority to perform a specific duty that falls within their legal authority. It is issued when there is a failure or refusal to act in accordance with the law.
Prohibition: Prohibition is a writ that prohibits a lower court or tribunal from exceeding its jurisdiction or acting beyond the scope of its authority. It aims to prevent judicial or quasi-judicial bodies from acting unlawfully.
Certiorari: Certiorari is a writ that allows the High Court Division to review the decisions of lower courts or tribunals to determine if they were made without jurisdiction or in violation of the principles of natural justice. If a decision is found to be flawed, it can be quashed or set aside.
Quo Warranto: Quo warranto is a writ used to question the legitimacy or authority of a person holding public office or a position of power. It challenges whether the individual is eligible to hold that position or if they obtained it unlawfully.
The writ jurisdiction is an essential tool for ensuring accountability, protecting individual rights, and upholding the rule of law in Bangladesh. It allows citizens to seek legal remedies when their fundamental rights are violated or when public officials exceed their lawful authority.