How to file a writ petition" />How to file a writ petition" />This article titled ‘How to file a writ petition: Step & Sample Drafts’ enumerates the process of filing a writ petition from scratch. Not only it gives you the generic answer to the question inbuilt but it also provides you with the legal knowledge in the context of which writ can be filed in which situations and how these different types serve the concept of safeguarding fundamental rights and duties vested in the constitution. As you read along the lines in the article, it becomes an exhaustive resource and a ‘know-it-all’ guide for writ petitions as endowed in the Indian Legal System.
A writ is a legal document that contains an order issued by a certain authority. As a result, a writ may be thought of as a court’s official order. A writ petition is an application made in a court requesting for a particular writ to be issued.
The people of India have five kinds of writs under Article 32 and Article 226 of the Indian Constitution. Alternatively, you may hire an experienced lawyer to prepare a writ petition for you at any moment. Depending on the situation, you may also file a criminal or civil writ petition in the High Court or the Supreme Court. If the High Court does not provide a favourable decision, you may file a writ petition with the Supreme Court. The definitions and applicability of these writs vary, as specified below:
Habeas corpus is a legal phrase that means “you may have the body of.” When a person is wrongfully imprisoned, this writ may be utilised. The court uses this writ to order that the person who has been detained be brought before the court to have the legitimacy of his imprisonment examined.
In the following situations, a petition of habeas corpus may be filed:
In the following situations, a petition of habeas corpus cannot be filed:
The Supreme Court extended the scope of habeas corpus in the case of Sunil Batra versus Delhi Administration, 1980, to include inmates who were subjected to cruel treatment by jail officials. In this instance, the court was found to have the authority and duty to protect the inmates from this heinous behaviour, and that it may utilise the habeas corpus writ to impose jail humanism.
Mandamus is a Latin word for “we command.” It is usually a court order given to a public worker, instructing him to fulfil his duties, which he has failed to do. For the same reason, a writ of mandamus may be issued against a corporation, an inferior court, or a government entity that has failed to fulfil its official responsibilities.
A writ of mandamus cannot be filed in the following circumstances:
The word certiorari literally means “certified or informed.” It is usually given by a higher court to a subordinate court to either transfer a pending matter to a higher authority or to overturn a previously issued judgment. The Supreme Court decided in 1991 that a writ of certiorari may be granted against administrative bodies if their decisions infringe on an individual’s rights.
The court ruled in Hari Vishnu v. Ahmed Ishaque, 1995, that a manifest mistake in the judgement or determination itself may be subject to a writ of “certiorari” if it is evident on the face of the proceedings.
The following criteria must be met before a writ of certiorari may be issued:
The word prohibition literally means “to forbid.” Only judicial and quasi-judicial authorities may be served with a prohibition writ. Generally, this writ is not applicable against administrative bodies or private persons. It may be issued by a superior court against a lower court or by a lower court to prohibit conduct done outside of the court’s jurisdiction at any point throughout the proceedings.
The word quo- warranto refers to the authority or warrant used to make a decision. It is usually issued by a court to inquire about the legitimacy of his position or the authority he has to hold it. It prohibits anybody from holding a public position illegally.
A quo warranto writ cannot be issued against:
Step 1: To begin, the offended party must provide essential papers such as evidence of identification, proof of residence, photos, and so on to a certain legal organization or an independent practitioner.
Step 2: The petition is then written with the assistance of a lawyer. The draft contains the offended party’s name and address, as well as the circumstances that led to the infringement of his or her basic rights. Clearly mention the ‘prayers’ or the relief being sought from the court.
Step 3: The court will then schedule a hearing date, at which time it will accept the petition and send a notice to the opposing party.
Step 4: Following that, a date is set to ensure that both parties are present.
Step 5: Finally, after hearing both sides, the court renders a decision and provides relief.
