A writ petition is a petition filed before the High Court Division of the Supreme Court of Bangladesh under Article 102 of the Constitution to challenge illegal or unconstitutional actions by public authorities. It is one of the most powerful legal remedies available in Bangladesh. TRW — Tahmidur Rahman Remura Wahid Law Associates files writ petitions before the High Court Division in a wide range of matters.
Types of Writs Available in Bangladesh
Article 102 of the Constitution empowers the High Court Division to issue the following types of writs. Mandamus: an order compelling a public authority to perform a public duty. Certiorari: an order quashing a decision of a public authority that was made without jurisdiction or in violation of natural justice. Prohibition: an order preventing a public authority from exceeding its jurisdiction. Quo warranto: an order requiring a person to show by what authority they hold a public office. Habeas corpus: an order requiring a person who is detaining another person to produce the detainee before the court. TRW advises on the appropriate type of writ for each case.
The High Court Division also has general jurisdiction under Article 102(2) to issue directions, orders, or writs to enforce fundamental rights guaranteed by Part III of the Constitution.
Common Situations Where Writ Petitions Are Filed
TRW files writ petitions in the following common situations. Challenging illegal detention (habeas corpus). Challenging illegal dismissal from government service. Challenging the refusal of a government authority to grant a licence or permit. Challenging an illegal tax assessment. Challenging the cancellation of a contract by a government authority. Challenging an illegal order by a regulatory authority. Challenging the constitutionality of a law or regulation. Challenging an illegal arrest or remand order.
Stay Orders in Writ Petitions
When a writ petition is filed, TRW applies for a stay order or rule nisi to suspend the operation of the challenged action pending the hearing of the petition. A stay order prevents the government authority from taking further action on the basis of the challenged order while the writ petition is pending. TRW obtains stay orders in urgent cases to provide immediate relief to the client.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's High Court team file writ petitions before the High Court Division. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Who can file a writ petition in Bangladesh?
A: Any person whose fundamental rights have been violated, or who is aggrieved by an illegal action of a public authority, can file a writ petition.
Q: Is there a time limit for filing a writ petition?
A: There is no fixed limitation period for writ petitions, but delay can be a ground for dismissal. TRW advises on the appropriate timing.
Q: Can a writ petition be filed against a private company?
A: Generally, writ petitions are filed against public authorities. However, in some cases, writ petitions can be filed against private entities performing public functions.
