We are known as writ master, expert in the writs of prohibition, mandamus, certiorari, habeas corpus and quo warranto and matters of public interest. A writ is an official written directive issued by an organisation with administrative or judicial jurisdiction; in modern sense, this organisation is known as a court. There are many types of writs exist including prerogative writs, summons and warrants but there are many others.
The writ, in common parlance, is an order issued by a Court in the name of an authority requiring the performance of a specific act. Our dedicated team of professional lawyers best assists their clients as to constitutional litigation and related services in Pakistan. Constitutional interpretations by Courts have played an important role in settling political problems as well as other issues involving individuals and parties. These interpretations have also restricted or expanded the scope of action of different functionaries of the Government and enabled individuals and groups to enjoy constitutional and legal protection.
The writ, in common parlance, is an order issued by a court in the name of an authority requiring the performance of a specific act.
Prerogative Writs
The “prerogative” writs or writs based on privileges are a subclass of the group of writs, those that are to be heard before regular cases on a court’s docket except other such writs. The most common types of prerogative writs are mandamus, certiorari, habeas corpus, procedendo, prohibito, and quo warranto, although these technical names have not been prescribed in the constitution.
Writ of Mandamus
Mandamus is a judicial remedy which is in the form of an order from a superior court to any subordinate court, organisational or public authority to do or refrain from doing some specific act which that body is obliged under the law to do or abstain from doing and which is public duty and in certain cases of a statutory duty. It cannot be issued to force an authority to do something against any statutory law.
Writ of Certiorari
Certiorari is a writ intending for seeking judicial review, currently means an order by a superior court directing a lower court, tribunal, or public authority to submit the record in a certain case for review.
Writ of Habeas Corpus
Habeas corpus is a legal action through which a prisoner can be released from an unlawful custody or detention. The remedy can be pursued by the prisoner or by another person coming to his / her assistance. Habeas corpus originated in the English legal system, has historically been an important legal mechanism, protecting rights of individual against arbitrary governmental action.
Writ of Procedendo
A writ of procedendo is a remedy where there is a delay in rendering a judgment that amount to an abandonment or denial of justice. It is an order of a higher court to lower court, directing that court to extract a delayed judgment. The writ does not specify as to what judgment the lower court must extract; it merely orders the lower court to proceed to judgment. Rebuttal to comply with the writ may subject the lower court to an excerpt for contempt.
Writ of Prohibito
The Court may issue a writ of prohibition to prohibit the authority from acting in excess of its jurisdiction. This writ is normally issued by a superior court to the lower court asking it not to proceed with a case which does not fall under its jurisdiction.
Writ of Quo Warranto
The writ of quo warranto is issued against a person who claims or usurps a public office. Through this process, the court inquires ‘by what authority’ the person supports his or her claim.
Other writs
Other writs include audita querela, capias, coram nobis, fieri facias, mittimus, ne exeat republica, praemuire, scire facias, frrts and venire facias etc.
Writ Petition Process
Filing of Writ in Pakistan
A writ petition is a request made by an individual, aggrieved by a court order to receive expedited attention in a court of appeals. An individual who wishes to file a writ petition must first determine if his / her case can be appealed. It’s important to remember that all courts will have different requirements dependent on location of court and type of court. You should always pursue a legal counsel when considering a writ petition. These steps will help you to determine the petition-status of your appeal and understand the writ petition process.
Writ’s Objective
- Express Accusations
- Convey Preferred Upshot
- Create Entreaty
- Compliance of Writ
- Order of the Court
Writ’s Objective
Writ petitions are filed when a petitioner believes that the court has made an error that adversely affected the outcome of their case. You must be able to eloquent the nature of this error and measure its legal stance. If your case concerns an issue of extensive interest or raises an original issue about the law, then you may have grounds for filing a writ of petition. Moreover, if a court ruling could cause you an unintended harm, then you may have an option.
Express Accusations
While every writ petition procedure will differ, each will require you to eloquent the nature of your case and provide an originated reason for expedited appeal. A writ begins with an accusation against a court in which you must briefly state the facts related to your trial. You might highlight key evidence presented in your favour or pinpoint the instant at which you feel the court erred.
Convey Preferred Upshot
The second stage of a writ procedure will require you to tell the court as how you want the court to reconcile its error. Generally; petitioners do this in order of importance, starting with a petition for the court to rehear the case and ending with a request for the court to refund all fees related to the appeal.
Create Entreaty
The third and final part of the procedure is the creation of entreaty, in which you call the court’s attention to your statement of fact along with supportive arguments. You must also prove that you have no other solution beyond a writ petition and that you need speedy and justifiable consideration of the writ.
Compliance of Writ
Once you’ve consulted legal counsel and prepared your writ petition, you can submit it to the court for consideration. All courts have different deadlines for filing a petition so it’s important that you check with your local court to make sure you’ve filed it in time.
Order of the Court
After considering the facts and figures as narrated inside the writ petition, court will issue an order accordingly.