A writ is the most potent weapon available to a citizen. This particular request was made to the High Court Division of the Supreme Court. A well-written writ petition is prepared by following the constitution’s requirements. The Petition has to contain all the mentioned supporting documents. If you hire a qualified lawyer, the chances of a favourable outcome are enhanced significantly.
Legal Advice BD is here to make filing a writ petition in Bangladesh easy for you!
What is a Writ Petition?
A writ petition is a formal written order issued by a court. It commands a public authority or a person to perform a specific action or refrain from doing it. A writ petition is introduced to protect the fundamental rights of individuals and ensure the rule of law in Bangladesh.
The Constitution of Bangladesh gives the power to issue writs. Article 102 of the Constitution states that any person can move the High Court Division of the Supreme Court to enforce their fundamental rights.
Who Can File a Writ Petition in Bangladesh?
A person with the right to sue or locus standi can file a writ petition. Locus standi is further divided into Representative Standing and Individual Standing.
The writ can be filled in a representative capacity. It is applicable for writs filed in the public interest. The group or association purporting to represent citizens or members must have a genuine interest or cause in the subject matter. While the Court cannot dismiss writs brought out in support of (PIL), it remains alert to anyone who wants to use writs in the service of PIL.
A person can also disagree with any action or decision a public authority makes. Better put, the individual must have enough interest in the matter of writ petition. Article 102 discusses ‘any person aggrieved.’ This is necessary for filing a writ of certiorari, mandamus, or prohibition.
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Types of Writ Petitions in Bangladesh
Now, let’s look at the five main types of writ petitions in Bangladesh.
- Writ of Mandamus: Compel a government official or public authority to perform their legal duty or take a specific action that they are obligated to perform.
- Writ of Prohibition: Prohibit a tribunal or lower Court from acting beyond the limits or exceeding its jurisdiction prescribed by law.
- Writ of Habeas Corpus: This type of action challenges the order of an individual detained unlawfully. It ensures that a person is not held in illegal custody.
- Writ of Certiorari: Revoke the decision of a tribunal or lower Court on the grounds of lack of jurisdiction or error of law.
- Writ of Quo Warranto: Inquire into the legality of an individual holding a public office and determine whether they possess the required qualifications and authority for a particular position.
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How to File a Writ Petition in Bangladesh: Step-by-Step Guide
Understand the Types of Writ Petition You Need to File
According to Article 102 of the Constitution, Bangladesh has five main types of writ petitions. Based on your situation, figure out which one applies to your case. If you need help understanding, consult a lawyer.
Prepare the Required Documents
Gather all the necessary documents, including the Petition. It should highlight the specific rights violations. Add supporting documents like prior court orders, affidavits, or relevant evidence. Attach a Vakalatnama authorizing your lawyer to represent you. Make sure that the documents are properly drafted, signed, and stamped.
Hire a Qualified Lawyer
Hiring an expert lawyer is necessary for filing a writ petition. These petitions demand accuracy in legal language, and the Court must accept them according to specific formats. Lawyers with experience in constitutional law can draft a writ petition effectively. They also guide dealing with complex court protocols, enhancing the Petition’s validity.
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Draft Your Writ Petition Correctly
While drafting a writ petition, write a clear title referring to the writ type and relevant legal grounds. Highlight the rights violation or incident in the Statement of Facts. Justify the need for court intervention referencing legal provisions under the grounds of the Petition. Afterwards, specify the action you seek from the Court.
File the Writ Petition with the High Court Division
You have to file the writ petition with the high court division of the Supreme Court of Bangladesh. Later, the Court will review the Petition for any procedural errors. The Court will issue a preliminary rule directing the respondent to respond if acceptable. Hence, a judicial review of the claims presented in the Petition will be initiated.
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Attend the Hearing
After the Court accepts the Petition, a hearing date will be set. Both parties will present their arguments during the hearing. The petitioner’s lawyer will highlight the evidence and legal grounds for the Court’s intervention. The respondent will also have grounds to contest the claims.
Waiting for the Court’s Decision
The Court will issue its judgment after reviewing the Petition and arguments. If the Petition is accepted, it may grant relief or provide a specific directive.
Who can be Sued in a Writ?
Article 102 of the Constitution states, “A person performing functions in connection with the affairs of the Republic or local authority”. A writ can be filed against statutory bodies, Government departments, Government-owned corporations, and companies.
Article 102(5) states, ‘A person includes a statutory public authority and any court or tribunal.’ The Court scrutinizes its power source and functions to determine whether a body is a public body.
Conclusion
Filing a writ petition can be beneficial if steps are correctly followed. Don’t add false facts to your Petition. It may turn against you. The purpose of a writ petition is to defend people’s fundamental rights. Hence, always contact a professional lawyer if there is room for confusion.
Now, you should have a clear understanding of how to file a writ petition in Bangladesh. For further guidance or inquiries, feel free to contact us!