INTRODUCTION
According to Article 175, there shall be a High Court for each Province and Islamabad High Court The most prestigious power exercised by the High Court and Islamabad High Court is the writ jurisdiction.
The writ power exercised by High Court and Islamabad High Court is subject to the Constitution The High Court can exercise its writ jurisdiction when an application is filed to it.
LITERAL MEANING
A written judicial order to perform a specified act or giving authority to have it done as in a writ of mandamus or certiorari or as in an original writ for instituting an action at common law.
REQUIREMENT FOR WRIT PETITION
Following are the general requirements of a writ petition.
- No Unreasonable Delay on the part of the petitioner
- Only the aggrieved party or an interested party can apply
- The petitioner comes to Court with clean hands
- The petition is not against Superior Court
- No other adequate remedy is available
EXTRA-ORDINARY JURISDICTION OF HIGH COURT
Subject to Constitution, the following are the writ jurisdiction of the High Court.
A. ON THE APPLICATION OF THE AGGRIEVED PARTY
The High Court can exercise its writ jurisdiction, on the application of the aggrieved party, in followings ways
WRIT OF MANDAMUS
It means “we command”. The writ of mandamus is used to direct any public official to perform his/her duty.
Condition: There should be a public duty on the official to perform a particular act.
Case Law: Gujrat State Financial Corporation v. Lotus Hotels
WRIT OF PROHIBITION
It means “to forbid”. The writ of prohibition is used before the announcement of the decision of lower courts.
Its main purpose is to prevent the loss.
WRIT OF CERTIORARI
It means “to be certified”. The writ of certiorari is used after the announcement of the decision of lower courts.
Under this writ, the Supreme Court and High Courts may order the lower courts to submit their records to them so that the records may be reviewed. In the review, the higher courts make sure that the judgments of the lower courts are legal and on merit.
The judgments of the lower courts will be illegal in the following situations.
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- Excess of jurisdiction
- Lack of jurisdiction
- When jurisdiction is unconstitutional
- When the judgments violate the principles of natural justice
Case Law: A.K. Kraipak v. Union of India
B. ON THE APPLICATION OF ANY PARTY
On the application of any party, the High Court may exercise its writ jurisdiction in the following ways.
WRIT OF HABEAS CORPUS
It means “to have a body” or “to produce a body”. The writ of Habeas Corpus is used for the immediate release or production of a person who is illegally detained by someone.
However, this writ petition cannot be filed in the following four situations.
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- When the detention is lawful
- When the detention is outside the jurisdiction of the court
- When the detention is by a competent court or body
- In case of Contempt of the Court
Case Law: Rudul Shah v. State of Bihar
WRIT OF QUO WARRANTO
It means “to show eligibility” or ” “under what authority”. Under this writ, the courts inquire from any public officer about their eligibility to hold the office. The courts may ask under what authority you are holding this office.
Case Law: Maulvi Tameez ud Din vs Pakistan, 1955
ORDER FOR THE ENFORCEMENT
The High Court may make any order to any person or authority for the enforcement of any of the fundamental rights conferred by Chapter 1 part II of the 1973 Constitution.
NO RESTRICTION IN THE ENFORCEMENT OF F.R.
Under Article 199(2), the right to move to the High Court for the enforcement of any fundamental rights shall not be abridged.
MEMBERS OF THE ARMED FORCES
Article 199(1) is not available to members of the Armed Forces.
CONCLUSION
It is concluded that a writ petition is available only when no other remedy is available. The High Court can issue the writs of Mandamus, Prohibition, and certiorari on the application of the aggrieved party.
It can also issue writs of Habeas Corpus on the application of the party having any interest and it can also issue the writ of quo warranto on the application of the interested party to inquire the person, against whom the writ is filed, as to under what authority he claimed to hold that office.
FAQs
Discuss the writ jurisdiction of the High Courts of Pakistan according to Article 199 and the limitations on the exercise of this jurisdiction.
(2019-A)
What is the extraordinary jurisdiction of the High Court under Article 199 of the Constitution? Under what circumstances it can be invoked?
(2018-S)
Write a detailed note on the extraordinary jurisdiction of the High Court as provided by the Constitution of 1973. Under what circumstances it can be invoked?
(2018-A)
Discuss the constitutional Jurisdiction of the High Court under Article 199.
(2017-S, 2016-S)
Discuss the detailed writ jurisdiction of the High Court under Article 199.
(2015-S, 2014-A)
Discuss Article 199 of the Constitution regarding the original jurisdiction of High Courts.
(2012-S)
