A writ petition is filed in the High Court Division of the Supreme Court of Bangladesh under Article 102 of the Constitution. It is used when a public authority acts unlawfully, or when a fundamental right is violated, and no other equally effective remedy is available.
What is a writ petition?
A writ petition asks the High Court Division to review the action or inaction of the government or a public body. It is a constitutional remedy, not an ordinary civil suit.
Who can file?
- A person aggrieved by an action of a public authority or a person performing public functions.
- Any person may apply in cases of habeas corpus (unlawful detention) and quo warranto (holding a public office without legal authority).
- Public interest litigation may be brought by a person or organisation acting for a public cause.
Types of writs
- Habeas corpus: to produce a person who is allegedly detained unlawfully.
- Mandamus: to direct an authority to perform a legal duty.
- Prohibition: to stop a lower body from acting beyond its power.
- Certiorari: to quash an order made without lawful authority.
- Quo warranto: to challenge a person’s right to hold a public office.
Step by step
- Check the grounds. Identify the right violated or the law the authority broke.
- Check alternative remedies. If the law gives an efficacious remedy (an appeal or a tribunal), the Court usually expects it to be used first.
- Gather documents. The impugned order, relevant correspondence, and proof of your interest.
- Draft the petition and affidavit. State facts clearly, set out legal grounds, and name the respondents.
- File through an Advocate at the High Court Division and move the matter for hearing.
- Rule Nisi. If the Court finds a case worth hearing, it issues a Rule asking the respondents to show cause. The case is then heard in full.
Timing
There is no single fixed deadline, but unexplained delay can weaken a petition. Act promptly.
After the judgment
An aggrieved party may seek leave to appeal to the Appellate Division.
FAQ
Is a writ the same as an ordinary case? No. It is a constitutional remedy against public authorities.
Can I file against a private person? Generally not, unless the person performs public functions.
This article gives general information only and is not legal advice for any specific case.
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Article 102, High Court Division, Rule Nisi
