WELCOME TO MY

PRESENTATION
Present by:
Md. Imran Nazid
Id: 222-26-521
Department of Law
Daffodil International University
Table of Content
■ Writ
■ Writ in legal system of Bangladesh
■ Types of writ and their purposes
■ When and who can file a writ?
■ PIL – Public Interest Litigation
■ When and can file PIL?
■ Some leading cases
■ Differences between writ and PIL
Writ

■ Definition: Writ means a written document by which one is summoned

or required to do or refrain from doing something.
■ Origin: Historically, writ originated and developed in British legal
system. Initially, writs were Royal prerogatives. Since only the king or
queen as the fountain of justice could issue writs, they were called
prerogative writs.
Writ in the legal system of Bangladesh

■ The constitution of People’s Republic of Bangladesh has conferred on the

high court division, the writ jurisdiction. The basis of writ jurisdiction is
article 102. To move before the High Court Division is also a
fundamental right enshrined in the Part III of the Constitution of
Bangladesh and the same has been emphasized and guaranteed by Article
44 of the Constitution.
Types of writ and their purposes
There are 5 kinds of writ though their names are not specifically mentioned in article 102. They are as
follows:
■ i. Habeas corpus: It is a kind of order of the Court that commands the authorities holding an
individual in custody to bring that person before Court. ( Article 102 (2) (b) (i))
■ ii. Mandamus: This writ is issued when the lower court or tribunal has declined to exercise
jurisdiction vested in it or any public authority declined to do what he is required by law to do.
(Article 102 (2) (a) (i))
■ iii. Prohibition: It is a writ issued by the superior court to a lower court, tribunal or administrative
authority prohibiting it from doing something which it is not authorized by law to do. (Article 102
(2) (a) (i))
■ iv. Certiorari: It is writ by which the High Court Division can declare any act done by any
authority, which is neither a judicial nor a quasi-judicial, to be without lawful authority. (Article
102 (2) (a) (ii))
■ v. Quo Warranto: This writ is issued to show by what authority a person is holding or purporting
to hold a public office. (Article 102 (2) (b) (ii))
When and Who can file a writ

Generally any person aggrieved when a fundamental rights guaranteed by

constitution is violated
■ Any person aggrieved when any other effective remedy not provided in
any law.
PIL – Public Interest Litigation

■ Definition: Public interest Litigation (PIL) means litigation filed in a

court of law, for the protection of Public Interest.
■ Origin: The concept of public interest litigation can be traced in the
system of actio popularis of Roman law which permitted anyone in the
society to initiate an action for a public delict in the court of law.
■ Scope: PIL cases typically deal with issues related to the environment,
human rights, corruption, and social justice, among others.
When and who can file PIL

■ In Bangladesh, Public Interest Litigation (PIL) can be filed by any person

or organization, whether a citizen or a non-governmental entity, on
matters of public interest.
■ PIL is filed when any undue botheration or inconvenience faced by
public at large.
Some leading cases

Kazi Mukhlesur Rahman v. Bangladesh and another

Mohiuddin Farooque v. Bangladesh.
Anwar Hassain Chowdhury v. Bangladesh (8th Amendment case).
■ Bangladesh Sangbadpatra Parishad v. The Government of Bangladesh.
Differences between writ and PIL
Writ
■ Writ is filed by institutions or
individuals who are agrieived and for
the benefit of their own case.
■ Writs are issued by the High Court
Division of the supreme court of
Bangladesh under article 102 of the
constitution.
■ Writs are filed when fundamental
rights of an individual is violated
PIL
■ PIL is an application that is filed by
any citizen for easing out any undue
brothernation or inconvenience faced
by public at large.
■ Public Interest Litigation is not
defined in any statute or any act.
■ PILs are filed for easing out
inconvenience faced by public at
large
Differences between writ and PIL
Writ PIL
■ The process of filing a writ is ■ In case of PIL, the process is cheap
expensive, complicated and time and simplified than writ.
consuming.
■ In writ, the locus standi, the right
■ In the case of PIL, the locus standi is
appear an action in a court, is
relaxed.
followed.
■ In PIL, the evidence is narrow and
■ In writ, the evidence is strictly
doesn’t involve match technicalities
examined.
Thank you!