2014 PLP 25 (CLC)

MUHAMMAD QASIM KHAN, J.

Notice for today. The learned Law Officer, present in Court accepts notice.

2. The instant writ petition carries the following prayer:

"In view of the above, it is, therefore, respectfully prayed that this petition may please be accepted and by way of issuing an appropriate writ, order or direction, the respondents may kindly be directed to treat the instant writ petition as representation and decide the grievances of the petitioners in accordance with law, with all consequential benefits. Any other writ, order or direction to which the petitioners are found entitled in law, equity and justice, may kindly be granted in vindication of their grievances."

3. Heard.

4. Our Constitution empowers this Court to issue writs for enforcement of any of the fundamental rights and basically there are five types of writs i.e.

1. Habeas Corpus "Habeas Corpus" is a Latin term which literally means "you may have the body." The writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal.

2. Mandamus Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High Court when any government, court, corporation or any public authority has to do a public duty but fails to do so.

3. Certiorari Literally, Certiorari means "to be certified". The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority.

4. Prohibition The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. After the issue of this writ, proceedings in the lower court etc. come to a stop.

5. Writ of Quo-Warranto The word Quo-Warranto literally means "by what warrants?' or "what is your authority"? It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled. The writ requires the concerned person to explain to the Court by what authority he holds the office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age. WRITS IN BRIEF Type of writ Meaning of the word Purpose of issue Habeas Corpus You may have the body To release a person who has been detained unlawfully whether in prison or in private custody. Mandamus We Command To secure the performance of public duties by lower court, tribunal or public authority Certiorari To be certified To quash the order already passed by an inferior court, tribunal or quasi judicial authority Prohibition To prohibit an inferior court from continuing the proceedings in a particular case where it has no jurisdiction to try. Quo Warranto What is your authority? To restrain a person from holding a public office which is not entitled.

5. Keeping the above legal position in mind, this court posed repeated questions to the learned counsel for the petitioner, to bring his prayer within any of the above detailed category of writs, but the learned counsel could not come out with any solid argument except took the stance that copy of this writ petition be sent to respondents with a direction that same may be treated as representation as then shall be decided. This Court is of the clear opinion that by allowing the explicit prayer made in the instant writ petition, this Court in fact would be travelling beyond its constitutional mandate, as so far neither any appeal/revision/review/application or representation of the petitioner has been filed nor is pending before the respondent-authority and every such move would definitely entail some period of limitation, apart from other intricacies. In such a situation, if the prayer of the petitioner is allowed, the same would also amount to taking away or assuming the jurisdiction of such authority/court or the tribunal. Consequently, this instant writ petition is dismissed in limine. JJK/R-20/L Petition dismissed.