Writ Jurisdiction is the instrument for enforcement of fundamental rights. In Bangladesh fundamental rights are provided in Article-26 to Article-47 that is, the Part-(iii) III of the Constitution. The High Court Division is empowered with writ jurisdiction by Article- 44 and Article-102 of the Bangladesh Constitution. Article-44(l) of the Constitution, declares that right to move to the Supreme Court, in accordance with clause (1) of Article-102, for the enforcement of fundamental rights conferred by part-III is guaranteed.
According to Article-102(1) the High Court Division for the enforcement of fundamental rights may give directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic for the enforcement of fundamental rights. Article-102(2) of the Constitution defines various kinds of writ jurisdictions but it does not mention the names of the writs. However, but by analyzing this Article, all the writ jurisdictions can be found. According to Article-102(2) the High Court Division may, if satisfied that no other equally efficacious remedy is available-
(a) On the application of any aggrieved person, may make an order-
(i) directing any person performing any functions in connection of the Republic or of a local authority to refrain from doing that which he is not permitted by Law to do - this is clearly the Writ of Prohibition or to do that which he is required by law to do - this is the Writ of Mandamus, (ii) declaring that any act done or any proceedings taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority, and is of no legal effect - this is the Writ of Certiorari.
(b) On the application of any person make an order-
(i) directing that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner - this is the Writ of Habeas Corpus, (ii) requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that office - This is the Writ of Quo- Warranto.
It is also found that the Appellate Division is empowered with Writ Jurisdiction too. Article-104 of the Constitution provides that Appellate Division shall have power to issue directions, orders or writs whenever necessary.
So, in Bangladesh, there are five kinds of writs, namely certiorari, habeas corpus, mandamus, prohibition and quo warranto.
Prerogative writs
The "prerogative" writs are a subset of the class of writs, those that are to be heard ahead of any other cases on a court's docket except other such writs. The most common of the other such prerogative writs are habeas corpus, mandamus, prohibition, certiorari and quo warranto.
(a) On the application of any aggrieved person, may make an order-
(i) directing any person performing any functions in connection of the Republic or of a local authority to refrain from doing that which he is not permitted by Law to do - this is clearly the Writ of Prohibition or to do that which he is required by law to do - this is the Writ of Mandamus, (ii) declaring that any act done or any proceedings taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority, and is of no legal effect - this is the Writ of Certiorari.
(b) On the application of any person make an order-
(i) directing that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner - this is the Writ of Habeas Corpus, (ii) requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that office - This is the Writ of Quo- Warranto.
It is also found that the Appellate Division is empowered with Writ Jurisdiction too. Article-104 of the Constitution provides that Appellate Division shall have power to issue directions, orders or writs whenever necessary.
So, in Bangladesh, there are five kinds of writs, namely certiorari, habeas corpus, mandamus, prohibition and quo warranto.
Prerogative writs
The "prerogative" writs are a subset of the class of writs, those that are to be heard ahead of any other cases on a court's docket except other such writs. The most common of the other such prerogative writs are habeas corpus, mandamus, prohibition, certiorari and quo warranto.