Definition
of Writ
Writ
means a written document by which one is summoned or required to do or refrain
from doing something
Classification of Writs
(I).Habeas Corpus
(II).Certiorari
(III).Prohibition
(IV).Mandamus
(V).Quo
Warranto
(I).
Writ of Habeas Corpus
Habeas
Corpus means 'have his body' i.e.to have the body before the Court. So it is a
kind of order of the Court that commands the authorities holding an individual
in custody to bring that person before Court. The authorities must then explain
in the Court why the person is being held.
The
High Court Division, on the application of any person, directs that a person in
custody be brought before it to satisfy itself as to whether he is being held
in custody with or without lawful authority. If the Court finds that he is
being illegally held in custody by the authority, it then can declare the same
to be without lawful authority.
(II).
Writ of Mandamus
Mandamus
means 'we command'. By writ of mandamus, the superior court directs any person,
corporation, lower court or government to do something, specified therein,
which pertains to his or their office and is in the nature of a public duty.
This writ is issued when the lower tribunal has declined to exercise
jurisdiction vested in it or any public authority declined to do what he is
required by law to do.
(III).
Writ of prohibition
Prohibition means 'to forbid' from doing something. In
other words, it is a writ issued by the superior court to a lower court,
tribunal or administrative authority prohibiting it from doing something which
it is not authorized by law to do.15
Prohibition is a preventive writ and issued to stop illegal exercise of
power of jurisdiction to the detriment of any legal right of a person.
(IV).
Writ of Certiorari
Certiorari
means 'be certified' of the proceedings of any lower court or tribunal to be
investigated by the superior court. Records of any pending or concluded
proceedings before any authority or court including a tribunal can be called
for by the High Court Division of the Supreme Court of Bangladesh for its
examination as to the legality or otherwise of the said proceedings.
In
a writ of certiorari, superior court interferes when the lower court or
tribunal acts without any jurisdiction or in excess of its existing
jurisdiction or in cases where it fails to exercise its jurisdiction - for
example, when it decides a case without giving an opportunity to the parties to
be heard or violates the principle of natural justice or if there is an error
apparent on the face of the record of such proceedings.
(V).Writ
of Quo Warranto
Quo
Warranto means 'by what warrant or authority'. Writ of quo warranto is a
judicial order issued by the High Court by which any person who occupies or
franchise or liberty is asked to show by what right he claims it, so that the
title to the officer, franchise or liberty may be settled and any unauthorized
person ousted.
This
Writ of Quo warranto is issued to show by what authority a person is holding or
purporting to hold a public office. The High Court Division can enquire into
the legality of the claim of a party to an office. A writ of quo-warranto may
be applied at the instance of any person even who has no personal or special
interest. A stranger can also file such a writ petition.
Powers of High Court Division to
issue certain orders and directions, etc
102.
(1) The High Court Division on the application of any person aggrieved, may
give such directions or orders to any person or authority, including any person
performing any function in connection with the affairs of the Republic, as may
be appropriate for the enforcement of any of the fundamental rights conferred
by Part III of this Constitution.
(2)
The High Court Division may, if satisfied that no other equally efficacious remedy
is provided by law –
(a) on the application of any person
aggrieved, make an order-
(i)
directing a person performing any functions in connection with the affairs of
the Republic or of a local authority,
to
refrain from doing that which he is not permitted by law to do or to do that
which he is required by law to do ; or
[Article
102(2) (a)(i) deals with the functions relating to the Writ of Mandamus as well
as Writ of Prohibition]
(ii)
declaring that any act done or proceeding taken by a person performing
functions in connection with the affairs of the Republic or of a local
authority, has been done or taken without lawful authority and is of no legal
effect ; or
[Article
102(2) (a)(ii) is the provision relating to the Writ of Certiorari]
(b) on the application of any person, make an order-
(i)
directing that a person in custody be brought before it so that it may satisfy
itself that he is not being held in custody without lawful authority or in an
unlawful manner ; or
[Article
102(2) (b) (i) is concerned with the Writ of Habeas Corpus]
(ii)
requiring a person holding or purporting to hold a public office to show under
what authority he claims to hold that office.
[102(2)
(b) (ii) is concern with the Writ of Quo-Warranto]