Thursday, August 19, 2010

Writ


WRIT
Under Article 102 of the Constitution of Bangladesh this is a special original jurisdiction of the High Court Division of the Supreme Court.
(1)    Writ of Habeas Corpus.
(2)    Writ of Mandamus.
(3)    Writ of Prohibition.
(4)    Writ of Certiorari.
(5)    Writ of Quo Warranto.

Writ of Certiorari: certiorari is extended to prevent public functionaries from exceeding there power. Certiorari is used when the act or proceeding has been completed.

Writ of Prohibition: Writ of prohibition is also extended to prevent public functionaries from exceeding there powers, when the act or proceeding is not completed.

Writ of Mandamus: Writ of Mandamus is used to compel a public functionary to do what he is under a legal duty to do when he is refusing to do it.

Writ of Habeas Corpus: Writ of Habeas Corpus is extended to ensure that no person is detained or confine illegally or in an un law manner.

Writ of Quo Warranto: Writ of Quo Warranto is directed to ensure that no one occupies a public officer without any public authority.
Those powers are popular known as powers of judicial review of the High Court Division of the Supreme Court.

v  Constitutional body: The constitution of Bangladesh has outlined the composition of the body. {Public Service commission (PSC)}.
v  Statutory body:  Composition of such body has been outlined by a piece of legislation. {Judicial Service Commission (JSC)}.

Direction of a writ of habeas corpus, to have the body before the court.
Section 491:
Scope of an application section 491 producing under section 491. Court of Criminal Procedure is certainly a criminals proceeding section 491 Cr.P.C is remedial form but postulates the existence of a right, the right toke personal freedom. This right along with other fundamental right is now guaranteed by the constitution (Article 102). The greatest impotence of the writ of habeas corpus is that it confers upon a person even when he is in public custody. The right to have tested and determined in the High Court Division the legality of the order or warrant by which he is Capt. is custody. The object is to safeguard the liberty of the subject against an abuse of power and to enable to the court to enquiry in to and determined the legality of the detention of the person, who is restrain of his liberty. The under line principle of every such writ is to ensure the protection and well being of the person brought before the court.  Section 491 Cr.P.C   is widely worded and entitled the High Court Division to enquiry whether the application was legally or improperly detain in public or private custody. And application for habeas corpus may be presented by the person detained or by any friend or relation.

Lecturer_ Harun-ur-Rashid Sir

1 comment:

  1. Vai, I'm TOUHID from UODA, I expect a details discussion from you.

    ReplyDelete