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Writs: A writ is defined as a formal written order passed by judicial jurisdiction.

The writ is
mainly issued by a higher court ordering a lower court to do something.
Purpose of Writ petitions: The law of writs provide a prompt protection to the citizens from
violation of their fundamental and legal rights by subordinate courts or public functionaries,
where no other adequate remedy is available and court has the territorial jurisdiction. Writs are
not issued even if there is a prima facie legal right to the issue of it, but it brings injustice instead
of justice.
Types of Writs: Many types of writs exist including prerogative writs, summons, warrants and
so on. Although these names are not mentioned in the Constitution of Pakistan, the most
common types of prerogative writs are known as mandamus, certiorari, habeas corpus,
procedendo, prohibito, and quo warranto.
Article 199(1) of the Constitution of Pakistan: Article 199 is a fundamental provision which
enunciates the jurisdiction of High Court and it is compulsory upon the High Court to limit itself
within its authority as per the Article, to act in assistance of law and protect the rights of the
citizen within the framework of the constitution against any infringement of law.
On the application of “any aggrieved party”, Article 199(1)(a)(i) mentions the Writ of
Mandamus, which is an order that may be passed by a High Court to forbid any authority or a
public body within their territorial jurisdiction from acting in excess of its jurisdiction or are
obliged to do what is mandatory for them to do by law.
Article 199(1)(a)(ii) mentions the Certiorari Writ through which an order is passed by a high
court to declare an act performed within their territorial jurisdiction by a lower court or a public
authority having no legal effect if it is done without any legal authority.
On the applications of “any person”, Article 199(1)(b)(i) illustrates the ‘Habeas Corpus’ writ
which is an order to call upon any detained person within the territorial jurisdiction of the Court
to produce the latter before the Court to investigate on what judicial grounds he has been
confined. For the writ of habeas corpus to be passed, the detention must be actual, illegal and the
confinement should be in an indecorous and unauthorized place. It is a prompt remedy against
illegal imprisonment.
Article 199(1)(b)(ii) exemplifies the judicial remedy of the ‘Quo Warranto’ writ, which can be
used by necessitating any person within the territorial jurisdiction of the Court to prove under
what authority of law he is holding or claiming to hold a public office. It can be used to remove
someone who illegally holds an office. The contemporary view of the locus Standi (a right to be
heard) is applicable on the writ of habeas corpus.
Article 199(1)(c) exemplifies on the enforcement of fundamental rights, where instructions are
given to a person, an authority or any government performing within the territorial jurisdiction of
that court as may be suitable for the implementation of any of the fundamental rights mentioned
in chapter 1 of part II of the constitution.

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