There are five kinds of writs which we follow in our judicial procedure, for the prevention and protection of fundamental rights. These are:1.Habeas corpus
2.Mandamus 3.Prohibition 4.Certiorari 5.Quo-warrento Now I am going to short brief about those writs. Habeas corpus Habeas corpus is the ancient writ. It is to assert personal liberty. The full name of the writ is habeas corpus adsubjiciendum. Habeas corpus means that you have the body, habeas corpus adsubjiciendum means that you the body to submit or answer. According to Concise Law Dictionary V.R. Monohar 97 edition “ It is a judicial order issued by High court by which a person who is confined by public or private agency may secure his release. It is in the from of order calling upon the person confining him to let the court know the legal jurisdiction for his detention or to release him. The writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from unlawful or unjustifiable detention. By it the High Court at the instance of a subject aggrieved commend the production of that subject, and inquire into the case of his imprisonment. 7 DLR(WP) 72 Mandamus: Mandamus literally means as commend. It is issued to direct any person, corporation, inferior court or government, requiring him or them to do some particular thing therein specified which appertains to his or their office and is is the nature of public duty. According to Concise Law Dictionary by V.R. Monohar, p 526 “ Mandamus writ issued by the High Court to compel a judicial or quasi-judicial, Government or semi-governmental bodies, public authorities, governmental instrumentalies and even private bodies performing public functions to perform their mandatory duties. At last we can say Mandamus differs from the writs of prohibitory or certiorari in its demand for some activity on the part of the body or person to whom it is addressed. Prohibition: According to Concise Law Dictionary by V.R. Monohar p 899 “ Writ of Prohibition is a judicial order issued by the High Court to any constitutional, statutory or non-statutory agency to prevent these agencies from continuing their proceeding in excess or abuse of their jurisdiction or in violation of the principles of natural justice or in contravention of the law of the land. In Bouvier's Law dict. wrote that Prohibition has been defined as the name of a writ issued by superior court, directed to the judge and parties to a suit in a inferior court, commending them to cease from the prosecution of the same , upon a suggestion that the cause originally, or some collateral matter arising therein, does not belong to that jurisdiction, but to the cognizance of same other court. In East India Commercial Co. v. collector of Customs {AIR 1962 SC 1893 (1903) 2 SCR 338} supreme court observed: "A writ of prohibition is an order directed to an inferior Tribunal forbidding it from continuing with a proceeding therein on the ground that the proceeding is without or in excess of jurisdiction or contrary to the laws of the land, statutory or otherwise." Certiorari: 'Certiorari' means ' to certify.' It is so named as in its original Latin from it required " the judge of any inferior court of record to certify the record of any matter in that court with all things touching the same and to send it to the King's Court to be examined" According to Concise Law Dictionary by V.R. Monohar p 899 , " writ of certiorary is a judicial order operating in personal and made in original legal proceedings, directed by the High Court to any constitutional, statutory or non-statutory body or person, requiring the records of any action to be certified by the court or dealt with according to law." In Prabodh Verma v. State of U.P (1984 ) 4 SCC 251 ( 275, 289) case High court of Uttar Pradesh observed : "It is an order issued by the High Court to an inferior court or any authority exercise judicial or quasi-judicial functions to investigate and decided the legality and validity of the orders passed by it. " Quo warranto : 'Quo warranto' literally means ' what is your authority.' It is a judicial remedy against an occupier usurper of an independent substantive public office, franchise or liberty. By issuing this writ the person considered is called upon to show to the court by what authority he helds the office. According to Concise Law Dictionary by V.R. Monohar p 900, " writ of Quo warranto is a judicial order issued by the High Court by which any person who occupies or franchise or liberty is asked to show by what right he claims it, so that the title to the officer, franchise or liberty may be settled and any unauthorised person ousted." In University of Mysore v. Govinda Rao AIR 1965 SC 491(494) case Supreme Court observed " Quo warrantois a remedy or proceeding whereby the state inquires into the legality of the claim which a party asserts to an office or franchise, to oust him its enjoyment if the claim be not well founded."
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AuthorMd. Shahnewaz Zwaki Advocate The Supreme Court of Bangladesh (High Court Division). Archives
June 2020
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