WRITS IN PAKISTAN
CONSTITUTION OF PAKISTAN
PART II, CHAPTER 1 – FUNDAMENTAL RIGHTS
7. Definition of the State
8. Laws inconsistent with or in derogation of fundamental rights to be void.
9. Security of person.
10. Safeguards as to arrest and detention.
10A. Right to fair trial
11. Slavery, forced labour, etc. prohibited.
12. Protection against retrospective punishment.
13. Protection against double punishment and self incrimination.
14. Inviolability of dignity of man, etc.
15. Freedom of movement, etc.
16. Freedom of assembly.
17. Freedom of association
18. Freedom of trade, business or profession. (Reported Judgements)
19. Freedom of speech, etc.
19A. Right to information
20. Freedom to profess religion and to manage religious institutions.
21. Safeguard against taxation for purposes of any particular religion.
22. Safeguards as to educational institutions in respect of religion, etc.
23. Provision as to property.
24. Protection of property rights.
25. Equality of citizens, and the guarantee of non-discrimination on the basis of sex. (Reported Judgements)
25A. Right to education:
26. Non-discrimination in respect of access to public places. (Reported Judgements)
27. Safeguard against discrimination in services.
28. Preservation of language, script and culture.
PART X – EMERGENCY PROVISIONS
232 Proclamation of emergency on account of war, internal disturbance, etc.
233. Power to suspend Fundamental Rights, etc., during emergency period.
234. Power to issue Proclamation in case of failure of constitutional machinery in a Province.
235. Proclamation in case of financial emergency
236. Revocation of Proclamation, etc.
237. Majlis-e-Shoora (Parliament) may make laws of indemnity, etc.
WRITS IN PAKISTAN
Writ Actions in Pakistan are regulated by Article 199 of its Constitution. Writs are granted for the enforcement of Fundamental Rights in terms of Articles 199 and appeal to the Supreme Court lies in terms of Article 185 of the Constitution of Pakistan. Under article 184(3) the Supreme Court has the original jurisdiction to entertain petitions if it considers that a question of public importance has been raised for the enforcement of any of the Fundamental Rights conferred by the Constitution.
199. Jurisdiction of High Court. (Reported Judgements)
(1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,-
(a) on the application of any aggrieved party, make an order-
(i) directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do; or
(ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or
(b) on the application of any person, make an order-
(i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or
(ii) requiring a person within the territorial jurisdiction of the Court holding or purporting to hold a public office to show under what authority of law he claims to hold that office; or
(c) on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Government exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part 11.
(2) Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II shall not be abridged.
(3) An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law.
(a) an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause (1), and
(b) the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or of otherwise being harmful to public interest or State property or of impeding the assessment or collection of public revenues,
the Court shall not make an interim order unless the prescribed law officer has been given notice of the application and he or any person authorised by him in that behalf has had an opportunity of being heard and the Court, for reasons to be recorded in writing, is satisfied that the interim order-
(i) would not have such effect as aforesaid; or
(ii) would have the effect of suspending an order or proceeding which on the face of the record is without jurisdiction.
(4A) An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in Part I of the First Schedule or relates to, or is conneted with, State property or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months following the day on which it is made:
Provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order in made.
(4B) Every case in which, on an application under clause (1), the High Court has made an interim order shall be disposed of by the High Court on merits within six months from the day on which it is made, unless the High Court is prevented from doing so for sufficient cause to be recorded.
(5) In this Article, unless the context otherwise requires, -
“person” includes any body politic or corporate, any authority of or under the control of the Federal Government or of a Provincial Government, and any Court or tribunal, other than the Supreme Court, a High Court or a Court or tribunal established under a law relating to the Armed Forces of Pakistan; and “prescribed law officer” means
(a) in relation to an application affecting the Federal Government or an authority of or under the control of the Federal Government, the Attorney-General, and
(b) in any other case, the Advocate-General for the Province in which the application is made.
184. Original Jurisdiction of Supreme Court. (Reported Judgements)
(1) The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more Governments.
Explanation.-In this clause, “Governments” means the Federal Government and the Provincial Governments.
(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgments only.
(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved have the power to make an order of the nature mentioned in the said Article.
185. Appellate Jurisdiction of Supreme Court.
(1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences. (2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or sentence
(a) if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has enhanced a sentence to a sentence as aforesaid; or
(b) if the High Court has withdrawn for trial before itself any case from any court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or
(c) if the High Court has imposed any punishment on any person for contempt of the High Court; or
(d) if the amount or value of the subject matter of the dispute in the court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of Majlis-e-Shoora (Parliament) and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or
(e) if the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or
(f) if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal.
CONSTITUTION OF PAKISTAN