Writ_And_its_Kinds

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 writ is to preserve and protects the fundamental rights of an individual.

In Pakistan Article 199 of the Constitution is about writ in High Court. When there is no other remedy available to person he can file writ petition under article 199 of the Constitution of Pakistan.

Types of Writ

There are many types of writs but in Pakistan followings are commonly used.

1-Writ of Habeas Corpus

The Latin Term Habeas Corpus means “to produce the body”. This writ is issued to institution or prison to release the prisoner or bring it before the court.

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.

3-Writ of Certiorari

This writ is issued when a lower court made a decision which is incorrect or inappropriate in eyes of higher court. In this writ higher courts are allowed to call for record and revise the decision of lower courts or officials.

4-Writ of Quo Warranto

It simply means “under what authority you are holding this office”. This writ is issued when a person claims any power without legal authority behind it or when official done any act without backing of law.

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..