Friday, July 9, 2010

An introduction of Writ Petition(WP)

Writ petition is an order given by a higher court to a lower government official or lower court in an effort to preserve the rights of a country. These rights may be individual rights or they may ensure that the governmental system is running appropriately. There are many different writ petitions, many of which deal with prisoners and arrests.

Types of Writ petition

1. Habeas Corpus: Habeas corpus (“produce the body” in Latin) is a writ given to an institution or a prison warden to release an imprisoned person from custody. This keeps a government from imprisoning people unlawfully.This is sometimes given when the preservation of life is in danger due to improper jail conditions or other violations. Haebeus Corpus writ is also issued by a superior court to safeguard against arbitrary acts of private persons and executives.

2. Mandamus writ: This writ is given to a lower-level court or a government officer to mandate that proper laws are followed. Mandamus might be given if an official is not using his position appropriately or if a court is not following the laws of the state or country. This writ (also called the “writ of mandate”) ensures that the government and the individuals in charge are performing their functions properly. This Writ is also available against inferior courts where they have refused to exercise their jurisdiction when they are bound to do so.

3. Prohibition writ: The writ of prohibition is given to a lower court by a higher court to stop it from taking up a case. Typically this is done when the case is outside the jurisdiction of the lower court and the higher court feels that no further action should be taken on it. The higher court may take over the case after this writ has been given. Prohibition writ is issued to compel inferior courts to keep themselves within the limit of their jurisdiction.

4. Certiorari writ : When a lower court has made a decision that a higher court deems incorrect or inappropriate, this writ will often be used. The writ of certiorari allows a higher court to review the materials from the decision of a lower court with the option of reversing the decision. This can also be used in a workplace to make sure that a punishment levied by an employer against an employee is appropriate. Certiorari writ is also issued against inferior courts in order to quash their order or decisions which have been issued without having competent jurisdiction to do so.

5. Quo Warranto writ: If a person claims that he has the power of a public office without any legality behind it, he is issued a quo warranto. After the writ has been given, the person must show by what authority he has asserted his claim. Writ of Quo Wararnto is issued to inquire in to the legality of the claim that a party asserts to a public office and to outs him from its enjoyment if the claim is not well founded.

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