Find out about the different types of writ petitions in Bangladesh for 2025!

Understanding Writ Petitions

The High Court of Bangladesh is gifted with the power to issue writs under Article 102 of the Constitution of Bangladesh for the enforcement of fundamental rights and for any other purposes as the law may permit. These writs are great legal tools that afford remedies in cases where justice might not otherwise prevail.

There are five main types of writ petitions:

• Habeas Corpus
• Mandamus
• Prohibition
• Certiorari
• Quo Warranto

Each of these writs addresses distinct legal scenarios, as explained below.

1. Habeas Corpus

Definition: Habeas Corpus means “you shall have the body.” This writ is used to address cases of unlawful detainment or imprisonment.

Purpose: To ensure no person is denied equal protection of the law without adequate process.

Application: If one is detained unlawfully, their family or representative can present a Habeas Corpus petition to set the individual free.

Example: If an individual is arrested and kept for several days without being produced before a magistrate, a Habeas Corpus petition can be filed to challenge the detainment.

2. Mandamus

Definition: The writ of Mandamus summons a public officer, corporation, or authority to do something legally bound to do.

Purpose: To compel public officials to act or not be negligent.

Application: When a government department fails to perform a mandatory function.

Example: If a citizen’s license application is ignored despite eligibility, a writ of Mandamus can be filed to compel action.

3. Prohibition

Definition: Prohibition is a prerogative writ restraining an inferior court or tribunal from acting beyond its powers or against the law.

Purpose: To prevent unlawful acts by lower courts or tribunals.

Application: This writ is preventive, ensuring no unlawful jurisdiction is exercised.

Example: A writ of Prohibition may be issued to stop a court from hearing a case already filed in a civil court.

4. Certiorari

Definition: The writ of Certiorari corrects decisions from lower courts or public officials that are unlawful or beyond jurisdiction.

Purpose: To reverse or quash unlawful decisions or orders.

Application: Used to rectify legal errors in subordinate tribunals or authorities.

Example: If a tribunal misinterprets law in a decision, Certiorari can quash the ruling.

5. Quo Warranto

Definition: Quo Warranto means “by what warrant,” used to challenge the authority of a person holding public office.

Purpose: To ensure only qualified persons occupy public positions.

Application: Filed when a person appointed to a public office does not meet legal or constitutional requirements.

Example: If an unqualified person is heading a public institution, Quo Warranto can annul the appointment.

Broader Applications of Writ Petitions

• Protection of Fundamental Rights such as freedom of speech, equality, and liberty.
• Accountability of Public Authorities against unlawful actions.
• Correction of Judicial Errors made by lower courts or tribunals.
• Ensuring Fair Governance and transparency in public administration.

Filing a Writ Petition in Bangladesh

The process involves several steps:

• Consultation with a Lawyer: Review your case to determine the appropriate writ.
• Drafting the Petition: Outline evidence, laws, and relief sought.
• Filing the Petition: Submit to the High Court Division of the Supreme Court.
• Preliminary Hearing: Court evaluates the petition and may issue a Rule Nisi to respondents.
• Hearing and Judgment: Both sides present arguments, and the court delivers its decision.

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