Writ petitions are at the heart of constitutional law in Bangladesh and enable Bangladesh citizens to seek legal remedies against violation of their fundamental rights or challenging administrative action. These petitions give the people the democratic power to challenge authorities that are in government and also make sure that the laws are followed.
Find out about the different types of writ petitions in Bangladesh for 2025!
Understanding Writ Petitions
The High Court of Bangladesh is gifted with the power to issue the writs as per under article 102 of the constitution of Bangladesh For the enforcement of the fundamental rights and for any other purposes as the law may permit. These writs are great legal tools that afford remedies in those cases where justice might not otherwise prevail.
There are five main types of writ petitions:
- Habeas Corpus
- Mandamus
- Prohibition
- Certiorari
- Quo Warranto
Each of these writs addresses distinct legal scenarios, as explained below.
1. Habeas Corpus
- Definition: Habeas Corpus means “you shall have the body.” This writing is used to address cases of unlawful detainment or imprisonment.
- Purpose: This is to satisfy the provision that denies any person equal protection of the law without adequate process.
- Application: In case one is detained unlawfully, then the family or the representative can present a Habeas Corpus that will set the individual free.
- Example: If an individual is arrested and kept for several days without being taken to a magistrate. All they have to do is get their lawyer to draft a Habeas Corpus petition to challenge the detainment.
2. Mandamus
- Definition: The Writ of Mandamus summons a public officer, a corporation or authority to do something that the officer or authority is legally bound to do.
- Purpose: To compel public officials to act or not to be negligent.
- Application: It is called when one of the government departments does not perform the obligatory function.
- Example: If a citizen has applied for a license, and his application is never acted on despite meeting all the qualifications, he can apply for a writ of Mandamus.
3. Prohibition
- Definition: Prohibition is a prerogative writ granted to restrain an inferior court or tribunal from working beyond its constitutional powers or against the law.
- Purpose: To discourage the superior courts from engaging in activities that are prohibited by the law, or for lower courts to commit unlawful acts.
- Application: This writ is preventive and makes sure that unlawful confines are not infringed.
- Example: A writ of Prohibition can also be issued in a situation where the court starts to hear a matter that has been filed in a civil court.
4. Certiorari
- Definition: The writ of Certiorari is used where decisions from the lower courts, tribunals, or public officials have gone to excess of the jurisdiction or are unlawful.
- Purpose: To help avoid any decisions made in the organisation and agency that may be made in a legal vane.
- Application: This writ is corrective and its purpose is to correct and reverse the decisions of subordinate individuals.
- Example: If a tribunal misunderstands a law in concluding, then through a Writ of Certiorari, that conclusion can be quashed.
5. Quo Warranto
- Definition: The legal term Writ of Quo Warranto much translated as “by what warrant”. It is used to contest the capacity of a person holding a certain office in the government.
- Purpose: Only qualified persons are allowed to take positions in the public sector.
- Application: This writ of certiorari may be sought whenever an appointment to a public office seems to be void of the legal requisites or prohibitions of the Constitution.
- Example: If an unqualified person is to head a public institution then a Quo Warranto can be moved to annul his/her appointment.
Broader Applications of Writ Petitions
Writ petitions serve as versatile legal instruments that address a wide range of issues, including:
- Protection of Fundamental Rights: Protecting rights of citizenship including; freedom of speech, equality, and liberty.
- Accountability of Public Authorities: Fighting or resisting unlawful or unlawful action by the government or one’s representatives.
- Correction of Judicial Errors: Corrections for some errors made by lower courts or tribunals.
- Ensuring Fair Governance: Ensuring that there is an efficient accountability and transparent practice within the public administration.
Filing a Writ Petition in Bangladesh
The process for filing a writ petition involves several steps:
- Consultation with a Lawyer: Consult a professional lawyer who will review the strength of your case and then explain to you which of these writs is the right one to file.
- Drafting the Petition: Explain broadly the evidence, the applicable law and the remedy prayed for.
- Filing the Petition: Attach the petition and send it to the High Court Division of the Supreme Court.
- Preliminary Hearing: The court evaluates the petition and may issue a Rule Nisi to the respondent, asking them to explain why the writ should not be granted.
- Hearing and Judgment: Each side advanced its stand and the court came up with its judgement about the case.
Learn More: How To File A Writ Petition In Bangladesh
Why Choose Legal Advice BD
Execution of writ petitions is a cumbersome process which calls for effort and compliance with constitutional law provisions. Legal Advice BD is your friend, your right hand in your fight for justice. Here’s why you should choose us:
- Expert Legal Team: The company has skilled and professional lawyers who participate in constitutional and administrative law to provide the best legal aid.
- Tailored Solutions: We offer you premises that refer to your individualized requirements.
- Commitment to Justice: Your rights are protected at all times, and we continue to strive for a just result.
- Transparent Communication: Through our communication we make you understand and be assured all through the legal process that is involved.
- Affordable Services: The aim of justice should be that anybody should be able to have access to justice. Our rates are reasonable and you can make payments in convenient ways,
- Proven Track Record: Through our legal victory track record, we have built confidence from several people seeking our services.
At Legal Advice BD, we empower our clients with knowledge and representation!