What is Writ Petition and what are its kinds?
A writ petition is an order given by a higher court to a lower government official or lower court in an effort to preserve the rights of a country. These rights may be individual rights or they may ensure that the governmental system is running appropriately. There are following different writ petitions.The Writ Petitions are filed in the Higher Courts.
Kinds of Writ Petition
- Writ of Habeas Corpus
An infringement of fundamental and inalienable right are granted to a citizen under articles 4 and 9 of the Constitution of Pakistan 1973 for his life and liberty but when any person is detain illegally or improperly in public or private custody then the Higher Courts are empowered to take action. Habeas corpus (“produce the body” in Latin) is a writ given to an institution or a prison warden to release an imprisoned person from custody. This keeps a Government from imprisoning people unlawfully. This is sometimes given when the preservation of life is in danger due to improper jail conditions or other violations.
- Writ of Mandamus
This writ is given to a lower-level court or a government officer to mandate that proper laws are followed. Mandamus might be given if an official is not using his position appropriately or if a court is not following the laws of the state or country. This writ (also called the “writ of mandate”) ensures that the government and the individuals in charge are performing their functions properly.
- Writ of Prohibition
The writ of prohibition is given to a lower court by a higher court to stop it from taking up a case. Typically this is done when the case is outside the jurisdiction of the lower court and the higher court feels that no further action should be taken on it. The higher court may take over the case after this writ has been given.
- Writ of Certiorari
When a lower court has made a decision that a higher court deems incorrect or inappropriate, this writ will often be used. The writ of certiorari allows a higher court to review the materials from the decision of a lower court with the option of reversing the decision. This can also be used in a workplace to make sure that a punishment levied by an employer against an employee is appropriate.
- Writ of Quo Warranto
If a person claims that he has the power of a public office without any legality behind it, he is issued a quo warranto. After the writ has been given, the person must show by what authority he has asserted his claim.