Article 199(Writ Petition)

Writ Petition
The Part II Chapter 1 of the Constitution of The Islamic Republic of Pakistan deals with
the fundamental rights of a person. This part is also called the heart of the Constitution, which
provides right to life and liberty, equality before law, freedom of speech and expression, liberty
of thought belief and worship, cultural & educational right, fair trial and right against
discrimination, etc.
A writ can be filed before High Court in case of infringement of the fundamental rights
under Article 199 of the constitution of The Islamic Republic of Pakistan. Under Article 199 a
writ petition can be filed in High Court even in case of infringement of legal rights.
Who can file a Writ & what is Writ Petition?
Any citizen of Pakistan can file a writ petition, however, a foreigner can also file writ
petition for enforcing his right to life and equality before law. Court can also issue writ in the
interest of justice and public interest. A writ petition is an order given by a higher court to a
lower government official or lower court in an effort to preserve the rights of a country. These
rights may be individual rights or they may ensure that the governmental system is running
appropriately. There are many different writ petitions, many of which deal with prisoners and
arrests. Writ implies Power of the Constitutional Courts like the High Courts and the Supreme
Court to give authoritative directions to any Public Authority, or to private persons, to do
something or refrain from doing something. Petition means the making of Complaint to
appropriate Court of law.
It is also important to understand basic difference between a regular Writ Petition and
Public Interest Litigation Writ Petition. Whenever a person affected by any illegal act or
omission of Public Officials or of any Public office, he may approach the High Court for issue
of appropriate Writ (authoritative direction). However a person may approach the High Court
for issue of appropriate Writ in the larger public interest even when he is directly not affected
by illegal acts or omissions of Public Officials.
The Writ Petition is kind of a remedy given to people of Pakistan for enforcement of
their rights against the Government and its various agencies, and in exceptional circumstances,
the Writ Jurisdiction may be invoked against private persons who are acting illegal in
partnership with any public authority. It is always desirable that one should not show haste in
approaching Courts and sincere efforts should be made to explore alternate remedies provided
under law or to get things done from Public Authority itself. Yet it is not permissible that one
can knock the doors of Court as when he so wishes. Matter should be brought before the Court
in most reasonable time. Moreover, it is mandatory to serve notice to Public authorities against
which one intends to move in the court of law, except in compelling circumstances, reasons
whereof to be recorded in the Petition.
What are the Types of Writ Petitions?
Following are the types of writ petitions:
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo Warranto
Habeas Corpus
Writ of Habeas Corpus is sought to enforce the right to life. When the life of a person
is in peril this writ is sought. Normally this writ is issued in case of illegal detention. Habeas
corpus is used if a person is unlawfully imprisoned. This writ can be issued even on a post card
sent to the Judge by victim or his relatives. Writ of Habeas Corpus can be filed to seek release
of a person from unlawful detention, whether by Police or by any private person.
Habeas corpus (“produce the body” in Latin) is a writ given to an institution or a prison warden
to release an imprisoned person from custody. This keeps a government from imprisoning
people unlawfully. This is sometimes given when the preservation of life is in danger due to
improper jail conditions or other violations.
Mandamus
Mandamus is sought for direction to the subordinate court/tribunal or government
officer to perform mandatory duties correctly. Writ of mandamus is most popular writ, which
is issued against the arbitrary/illegal acts of government officials including police officers,
municipal bodies etc. This writ is given to a lower-level court or a government officer to
mandate that proper laws are followed. Mandamus might be given if an official is not using his
position appropriately or if a court is not following the laws of the state or country. This writ
(also called the “writ of mandate”) ensures that the government and the individuals in charge
are performing their functions properly.
Prohibition
Prohibition is an extraordinary writ usually sought requesting an order from the Higher
Court that an inferior court/ tribunal be prohibited from undertaking further action on a case
pending before it; commonly known as stay of proceeding. The writ of prohibition is given to
a lower court by a higher court to stop it from taking up a case. Typically this is done when the
case is outside the jurisdiction of the lower court and the higher court feels that no further action
should be taken on it. The higher court may take over the case after this writ has been given.

Certiorari
Certiorari is sought to review/quash the decision of an inferior court/ tribunal or other
statutory body where such decision/order is passed in utter violation of principle of natural
justice or without jurisdiction. This writ is also sought in case of service related matter for
quashing the decision of departmental enquiry proceeding and punishment imposed upon the
delinquent employee. When a lower court has made a decision that a higher court deems
incorrect or inappropriate, this writ will often be used. The writ of certiorari allows a higher
court to review the materials from the decision of a lower court with the option of reversing the
decision. This can also be used in a workplace to make sure that a punishment levied by an
employer against an employee is appropriate.
Quo Warranto
The writ of quo warranto enables enquiry into the legality of the claim which a person
asserts, to an office or franchise and to oust him from such position if he is a usurper. The
holder of the office has to show to the court under what authority he holds the office. If a person
claims that he has the power of a public office without any legality behind it, he is issued a quo
warranto. After the writ has been given, the person must show by what authority he has asserted
his claim. It is issued when (a) the office is of public and of a substantive nature; (b) created by
statute or by the Constitution itself, and (b) the respondent has asserted his claim to the office.
Apart from this classification the writ petitions are also divided into two categories
according to its nature, i.e. Civil Writ Petition and Criminal Writ Petition. Civil Writ Petition
is filed in those cases where the issue is of civil nature, i.e. Writ for direction to municipal
bodies to provide sanitation and water facilities etc. If issue is relating to criminal nature
criminal writ is filed, i.e. Writ for quashing of FIR, registration of FIR, further investigation of
transfer of investigation.

Against whom a writ can be filed?

A writ can be filed only against State and the same is not maintainable against private
individual or corporations. However, a private individual or corporation can be a party in the
writ partition if relief sought in the writ petition affects his interest.

Who is “State”?
“State” has been defined under Part III of the Constitution as "the State" includes the
Governmental and Parliament of Pakistan and the Government and the Legislature of each of
the Provinces and all local or other authorities within the territory of Pakistan or under the
control of the Government of Pakistan. All those organizations/organs where, Government has
control in the appointment/removal of office bearers/employees, funding and functions of such
authorities. Now the societies registered under societies Act, Universities, Boards etc.

are “state”.
Grounds for granting Writ:
 A writ is granted when there is violation of fundamental right or legal rights of person
and when the inferior court, tribunal, board, or public officer has acted illegally or exceeded its
jurisdiction or have no jurisdiction or there is violation of principle of natural justice i.e. the
petitioner has not been grant opportunity to be heard or the allegations against him has not been
disclosed to him and there is no other equally speedy and adequate remedy is available. Writ
of Habeas Corpus can be filed for illegal detention if a person is illegally detained for more
than 24 hours without producing him before a magistrate within 24 hours. The issues are
resolved in the writ when there is only disputed question of law. The issues of pure facts which
need trial are not resolved in the writ.
CONCLUSION:
Writ jurisdiction of high court under article 199 is available only when no other
adequate remedy is available. The high court can issue writs on mandamus, prohibition and
certiorari on the application of the aggrieved person and it can also issue writ of habeas corpus
and writ on the application of interested party.
Locus Standi
The Latin Maxim “Locus Standi” consists of two words namely “locus” which means place and
“standi” means the right to bring an action. So, collectively, it refers to the right to appear in court or
to file an action. According to this principle, before approaching the court, one must demonstrate his
legal capacity. It means that the person can only go to court if his personal interests are jeopardized or
he is injured. One of the core concepts of the adversarial legal system is this maxim.
Locus standi is crucial because it ensures that only those having a legitimate stake in a case or
disagreement are permitted to participate in judicial processes. It serves as a deterrent to frivolous or
irrelevant lawsuits and contributes to the legal system's integrity and efficiency.
To have locus standi, a person must typically demonstrate a sufficient connection to the matter at
hand. This could involve showing a direct and personal interest, such as being directly affected by the
subject of the lawsuit or having a specific legal right that is being violated. The requirements for locus
standi can vary depending on the jurisdiction and the specific legal context.
Having locus standi enables individuals or organizations to bring legal actions, intervene in ongoing
cases, or participate as interested parties. Without locus standi, a person or entity would lack the
necessary legal standing to engage in legal proceedings.
The concept of locus standi has its roots in the development of the common law legal system,
particularly in England. Over time, the principle evolved through judicial decisions and legal
developments.
Historically, access to the courts was limited, and only certain individuals or entities were allowed to
bring legal action. Initially, this privilege was largely confined to the king and the church. However,
as society evolved, there was a growing recognition of the need to provide individuals with a means to
protect their rights and seek redress for grievances.
During the medieval period, the royal courts in England gradually expanded their jurisdiction and
began to hear cases involving disputes between private individuals. However, access to the courts was
still restricted to those who had a direct interest in the matter being litigated. This concept formed the
foundation of locus standi.
The principle of locus standi gained further clarity and importance with the development of equity
law, which aimed to supplement the common law system by providing additional remedies and
principles of fairness. Equity courts recognized that individuals who were indirectly affected by a
legal dispute should also have the right to participate in the proceedings.
Over time, locus standi became a well-established legal doctrine, ensuring that only those with a
legitimate interest in a case could bring legal actions or participate in court proceedings. The doctrine
was also influenced by legal theories such as the "real party in interest" rule, which required that the
actual person or entity with a stake in the matter be the one to bring the lawsuit.
Today, the concept of locus standi is recognized in legal systems around the world. However, the
specific requirements and standards for demonstrating locus standi can vary depending on the
jurisdiction and the nature of the legal action.
There are two types of locus standi:
1. Public Locus Standi, which refers to the right to file a case on behalf of the public interest. This
type of locus standi is granted by law or statute, and it can be invoked by anyone who has sufficient
interest in the matter at hand. For example, if you want to sue your neighbor for littering in front of
your house every day, then this would be considered a public locus standi because it affects everyone
living near him or her.
2. Private Locus Standi refers to one’s personal interest in an issue or case; this type does not
require any special qualifications on behalf of its holder but must still show some connection between
themselves and whatever they’re suing over (for example, if someone wants compensation after being
injured by another person). In contrast with public locus standi cases where there’s no need for special
qualifications because anyone may bring suit against anyone else regardless of whether there is any
connection between them personally other than being members of society as a whole–private suits
require more stringent requirements due largely because courts don’t want plaintiffs filing frivolous
lawsuits just because they think they might win money from doing so!
The basic ingredients or elements of locus standi, also known as standing, typically include the
following:
1. Injury or harm: The person or entity seeking locus standi must have suffered or be at risk of
suffering a direct and concrete injury or harm. This injury must be distinct and individualized, rather
than a general grievance shared by the public at large.
2. Causation: There must be a causal connection between the legal action being pursued and the
injury or harm suffered. In other words, the party seeking locus standi must demonstrate that the harm
is directly attributable to the actions or decisions being challenged.
3. Legal interest: The individual or entity must have a sufficient legal interest in the matter at
hand. This means that they must assert a specific legal right or claim that is recognized and protected
by law.
4. Redressability: Locus standi requires that the legal action or intervention sought will likely
provide a remedy or relief for the injury or harm suffered. The court must have the ability to address
and resolve the issue in a meaningful way.
These elements help ensure that only those with a genuine stake in a legal dispute can participate in
court proceedings. Locus standi acts as a threshold requirement, preventing frivolous or irrelevant
lawsuits and maintaining the integrity and efficiency of the judicial system. It also helps protect the
separation of powers by allowing courts to focus on actual controversies rather than engaging in
advisory opinions.
Locus standi, or standing, plays a vital role in the legal system and serves several important purposes.

Here are some key reasons why locus standi is important:

1. Judicial Efficiency: Locus standi helps maintain the efficiency of the judicial system by
ensuring that only those directly affected by a legal issue can bring a lawsuit or participate in legal
proceedings. This prevents the courts from being inundated with frivolous or irrelevant cases that
could waste time, resources, and judicial capacity.
2. Access to Justice: Locus standi ensures that individuals and entities with a legitimate interest in
a case have access to the courts and can seek redress for their grievances. It allows parties who have
suffered an injury or harm to have their claims heard and provides a mechanism for protecting their
legal rights.
3. Preservation of Separation of Powers: Locus standi helps uphold the principle of separation of
powers by preventing the courts from engaging in advisory opinions or intervening in matters that are
beyond their jurisdiction. By requiring a direct and concrete injury, locus standi helps ensure that
courts decide actual controversies rather than hypothetical or abstract issues.
4. Protection against Frivolous Litigation: Locus standi acts as a safeguard against frivolous or
vexatious lawsuits. By requiring a specific legal interest and a causal connection between the harm
and the legal action, it helps filter out baseless claims and prevents the misuse of the judicial system
for personal or ulterior motives.
5. Clarity and Predictability in Legal Proceedings: Locus standi provides clarity and
predictability in legal proceedings. It establishes a set of criteria and requirements that parties must
meet to participate in court cases. This helps parties understand whether they have the standing to
bring a lawsuit or intervene in ongoing proceedings, promoting fairness and consistency in the
application of the law.
Overall, locus standi serves to balance the interests of justice, efficiency, and the proper functioning of
the legal system. It ensures that the courts address real controversies, protect individual rights, and
maintain their role as impartial arbiters of the law.
The concept of locus standi, or standing, is recognized and applied in the legal system of Pakistan.
Locus standi plays an important role in determining who has the right to bring legal action, intervene
in ongoing cases, or participate as interested parties in Pakistani courts.
In Pakistan, the principle of locus standi is derived from common law traditions, as well as
constitutional provisions and statutes. The Pakistani legal system recognizes that only those with
sufficient interest in a case should be allowed to pursue legal remedies, ensuring that the courts are not
burdened with frivolous or irrelevant litigation.

The requirements for locus standi in Pakistan generally include the following:
1. Personal and Direct Interest: The petitioner must demonstrate a personal and direct interest in
the subject matter of the case. This means that the petitioner should be directly affected or aggrieved
by the issue at hand, rather than having a general or remote interest.
2. Public Interest Litigation (PIL): Pakistani courts have also recognized the concept of public
interest litigation, which allows individuals or organizations to bring cases on behalf of the public or a
particular segment of society. In PIL cases, the petitioner must show that the matter involves a public
interest or a violation of constitutional rights affecting a larger group.
3. Causation: The petitioner must establish a causal connection between the action or decision
being challenged and the harm or injury suffered. It should be demonstrated that the petitioner's rights
or interests have been directly affected by the impugned action.
4. Redressability: The petitioner must show that the court has the ability to provide an effective
remedy for the harm suffered. The relief sought must be within the court's jurisdiction and capable of
addressing the issue raised.
It's important to note that the specific requirements for locus standi can vary depending on the nature
of the case, the court in which it is filed, and the applicable laws and regulations. The interpretation
and application of locus standi principles in Pakistan have been shaped through judicial precedents
and legal developments over time.
Overall, the concept of locus standi in Pakistan aims to strike a balance between ensuring access to
justice for aggrieved parties and preventing the misuse of the judicial system through baseless or
irrelevant litigation.

The locus standi rules are applied in civil cases, criminal cases, and administrative cases.
IN CIVIL CASES:
The party who has a personal interest in the matter must have the place of standing to bring the case to
court. For example, if you want to sue for your salary that was not paid on time by your employer
because he failed to honor his contractual obligations under their employment agreement or if you
want to recover damages caused by someone else’s negligence through an actionable tort claim
against him/her/them (such as negligence), then you must be able to show that there is some
connection between yourself and what happened so that you can claim that this affects your interests
directly enough so as not only warranting but requiring legal redress from such actions taken against
yourself specifically by another person(s).
IN CRIMINAL CASES:
A victim whose rights have been violated should always have locus standi when filing charges against
perpetrators of crimes committed against them personally since these acts usually involve violations
of one’s right(s) under some law that makes them eligible for compensation through legal means such
as seeking monetary damages from perpetrators found guilty through trial processes after going
through all required steps outlined within respective laws governing such matters.”
SUPREME COURT ON LOCUS STANDI
2012 SCMR 455
Fundamental Rights---Locus Standi of petitioner---Scope---Group or class actions---Where there is
violation of Fundamental Rights of a class or a group of persons who are unable to seek redress from
2010 PLD 841 SC
Maintainability---Locus Standi ---Contractual appointments---Petitioners were appointed on contract
basis, who assailed the act of authorities for advertising posts in question for regular
2009 SCMR 1051
Beneficiary of acquired land has no right and Locus Standi to either file reference against the award of
compensation or appeal against the judgment arising out of the reference under S.18, Land
2007 PTD 1195
-Art. 199(1)---Constitutional jurisdiction of High Court, invoking of---Principles---Held, it is sine qua
non for invoking the jurisdiction of High Court through Constitutional petition that petitioner
2006 PLD 549 SC
In ejectment matters, the question of title was not relevant; in case of dispute between two rival
contenders for title to the property, the tenant had no Locus Standi to intervene and it was for the
2006 SCMR 402
Reference against compensation, filing of---Locus Standi ---Reference under S.18 of Land
Acquisition Act, 1894, before Referee Court, by a beneficiary was not competent.
2005 SCMR 1361
-R. 11---Constitution of Pakistan (1973), Art.185(3)---Cancellation of auction---Locus Standi ---
Principle---Re-auction at the objection of unregistered person---Effect---Stranger to bid who also was
2005 SCMR 346
Art. 184(3)---Constitutional petition before Supreme Court under Art.184(3) of the Constitution---
Locus Standi to file---Constitutional petition under Art. 184(3) of the Constitution had been filed by
2004 PLD 622 SC
The existence of Locus Standi and the right to claim relief were necessary elements for a claimant
seeking the survival of judicial proceedings.
2001 SCMR 1669
Fraud ---- Condonation of fraud on any technical ground like Locus Standi of the party would amount
to putting a premium on foul play.
2000 PSC 1310
Writ of qua warranto, issuance of---Essentials---Locus Standi to challenge unauthorized occupation of
a public office---Principles.
1999 SCMR 1060
Appeal Locus Standi to file---If one of the several parties to a suit, prefers an appeal, another such
party, already impleaded in the appeal, can go to a higher forum.