What is a Writ Petition?
A Writ is a formal written order issued by a court commanding a person or a public authority to perform a specific action or to refrain from doing something. In Bangladesh, the power of the High Court Division of the Supreme Court is vested with the authority to issue various types of writs to protect the fundamental rights of individuals and to ensure the rule of law. The High Court Division is one of the two divisions of the Supreme Court of Bangladesh, the other being the Appellate Division.
The power of the High Court Division to issue writs is derived from the Constitution of Bangladesh. Under Article 102 of the Constitution, any person can move the High Court Division for the enforcement of their fundamental rights. The High Court Division has the power to issue several types of writs, including:
Writ of Habeas Corpus: This writ is issued to produce an individual who has been detained unlawfully or has gone missing. The purpose is to ensure that the person is not held in illegal custody.
Writ of Mandamus: This writ is issued to compel a public authority or a government official to perform their legal duty or to take a particular action that they are obligated to perform.
Writ of Prohibition: This writ is issued to prohibit a lower court or a tribunal from exceeding its jurisdiction or acting beyond the limits prescribed by law.
Writ of Certiorari: This writ is issued to quash the decision of a lower court or a tribunal on the grounds of error of law or lack of jurisdiction.
Writ of Quo Warranto: This writ is issued to inquire into the legality of a person holding a public office and to determine whether they have the necessary qualifications and authority to hold that position.
The High Court Division also has the power to issue interim orders, stay orders, and directions to safeguard the rights and interests of the parties involved in a case. The decisions of the High Court Division can be appealed to the Appellate Division of the Supreme Court, which is the highest court in Bangladesh.