Writ of certiorari

This type of writ can be issued when a lower court, tribunal, or quasi-judicial forum/authority surpasses or transcends its jurisdiction

The higher courts issue writ of certiorari to nullify and overturn ultra vires actions for impeding the misuse and abuse of judicial powers

Exercise of this writ jurisdiction is unquestionably available in case of obvious contravention or infringement of natural justice or right to fair trial/due process

Under this writ jurisdiction, as engrained in the Constitution, under Article 199, the High Courts have wide-ranging powers within their territorial jurisdiction to issue writ of certiorari not only in the case of violation of any fundamental right but also against judicial or quasi-judicial decisions/orders if for any reason they are found against the law

In nutshell, this remedy can be availed and writ of certiorari can be issued by the High Court when a lower body acts without or in excess of jurisdiction; when there is a violation of natural justice; when there is a clear error of law on the face of the record; when the decision is based on fraud, mala fide intent, or corruption and when the authority refuses to exercise its jurisdiction despite being legally bound to do so.

This type of writ can be issued when a lower court, tribunal, or quasi-judicial forum/authority surpasses or transcends its jurisdiction

The higher courts issue writ of certiorari to nullify and overturn ultra vires actions for impeding the misuse and abuse of judicial powers

Exercise of this writ jurisdiction is unquestionably available in case of obvious contravention or infringement of natural justice or right to fair trial/due process

Under this writ jurisdiction, as engrained in the Constitution, under Article 199, the High Courts have wide-ranging powers within their territorial jurisdiction to issue writ of certiorari not only in the case of violation of any fundamental right but also against judicial or quasi-judicial decisions/orders if for any reason they are found against the law

In nutshell, this remedy can be availed and writ of certiorari can be issued by the High Court when a lower body acts without or in excess of jurisdiction; when there is a violation of natural justice; when there is a clear error of law on the face of the record; when the decision is based on fraud, mala fide intent, or corruption and when the authority refuses to exercise its jurisdiction despite being legally bound to do so.

Power of High Court under Art.199 of the Constitution to interfere with orders of Courts below is limited to the inquiry whether the Courts below acted or undertook the proceedings in accordance with law

Writ of certiorari cannot be used as a substitute of appeal or revision as its scope is limited.

Where High Court quashes a decision, it has discretion either to take judicial notice and rectify a jurisdictional error in the order or to remand the matter to the Court, Tribunal or the authority concerned with a direction to reconsider it and to reach a decision in accordance with the judgment given by High Court, while deciding a writ of certiorari.

High Court can issue an order of certiorari to rectify jurisdictional errors committed by subordinate Courts in family law matters

Such errors can arise when Family Courts or First Appellate Courts issue decisions without jurisdiction, in excess of jurisdiction, or fail to exercise their jurisdiction altogether

Certiorari order is applicable when Family Court or First Appellate Court acts in an illegal or improper manner while exercising its jurisdiction

This includes situations where Court makes determinations without providing an affected party opportunity to be heard or where procedural methods employed contravene fundamental principles of natural justice

It is crucial to recognize that High Court's jurisdiction to issue certiorari is fundamentally supervisory, meaning, it does not possess authority to function as an appellate body

Such supervisory role imposes clear limitations: specifically, it prohibits High Court from reevaluating or questioning factual findings made by subordinate Courts based on their assessment of evidence

High Court does not engage in reviewing or re-weighing evidence that underlies decisions made by Family Court or First Appellate Court

Instead, it may only nullify a decision it finds to be beyond jurisdiction or grossly erroneous without imposing its own conclusions in place of those reached by lower Courts

Certiorari orders can be granted solely when a clear error of law is evident on the face of record; however, this does not extend to addressing errors of fact, regardless of their severity.

Where a Family Court or First Appellate Court has reached a conclusion that stems from a clear misinterpretation of statutory provision, or has acted in ignorance or disregard of law, or based its judgment on legally unsound reasoning, such erroneous conclusions are subject to correction through an order of certiorari as outlined in Article 199(1)(a)(ii) of the Constitution.

It can also be invoked to rectify jurisdictional errors when a lower court or a tribunal acts beyond its jurisdiction, fails to exercise its jurisdiction, or where the court or a tribunal acts unlawfully in the exercise of its undisputed jurisdiction and adjudicates a matter in contravention of the principles of natural justice

High Court in issuing a writ of certiorari, operates in the capacity of supervisory jurisdiction.

Such writ is also issued for correcting errors of jurisdiction when an inferior Court or a Tribunal acts without jurisdiction or in excess of its jurisdiction or fails to exercise its jurisdiction or where Court or Tribunal acts illegally in exercise of its undoubted jurisdiction and it decides a matter in violation of the principle of natural justice

High Court while issuing a writ of certiorari acts in exercise of supervisory and not appellate jurisdiction

High Court in exercise of writ jurisdiction does not review findings of facts reached by inferior Court or Tribunal

High Court declined to set aside ex-parte judgment and decree passed by Trial Court, as the petitioner failed to point out any error of law or absence of jurisdiction or excess of jurisdiction

Constitutional petition was dismissed, in circumstances.

Certiorari is meant for providing supervisory checks/audit of the decisions/acts of the inferior tribunals/authorities in a way to ascertain on the touch stone of jurisdiction so conferred to them as well as to compare the impugned act/instruments in parlance of the relevant law

Resultantly if any decision or instrument is found beyond jurisdiction or in opposition with law annulment by way of high prerogative command is better treatment of such like orders.

Writ of certiorari can also be issued, when the act of the authority, Court, or tribunal is extra legem or for that matter offends the norms and premise of natural justice

Wrong conclusion of factual controversies provides no room for indulgence through the lens of certiorari.

For issuance of writs of certiorari to declare the judgments and decrees of courts below as illegal and unlawful, it is required under the law to show lack of jurisdiction or excess of jurisdiction or illegal exercise of jurisdiction vested in the fora below to warrant interference by High Court under its constitutional jurisdiction

If the findings of the courts below are in conflict with each other, then preference should be given to the findings recorded by the first Appellate Court

Record of the case, prima facie, supported the judgment of the Appellate Court, which was well-reasoned, based on correct appreciation of material placed on the case file, and was in conformity with the law on the subject and did not suffer from any misreading and non-reading of the existing material on file or was not the result of misapplication of law on the subject

Constitutional petitions were dismissed, accordingly.

Petitioners, in order to persuade the Court to exercise the extraordinary jurisdiction, have to demonstrate that the order or judgment being assailed is without lawful authority and suffers with material illegalities.

Certiorari is available to quash a decision for an error of law and the same is also issued for correcting errors of jurisdiction when an inferior Court or a tribunal acts without jurisdiction or over its jurisdiction or fails to exercise its jurisdiction or where the Court or a tribunal acts illegally in the exercise of its undoubted jurisdiction and it decides a matter in violation of the principle of natural justice

High Court while issuing a writ of certiorari acts in the exercise of supervisory jurisdiction.

Police concluded that the application filed by complainant was not based on facts, and started proceedings under S.182 P.P.C. by chalking out a Qalandra against him, however, during the proceedings before the Trial Court his application under S.249-A, Cr.P.C, was accepted

Petitioner /accused filed present constitutional petition as his revision petition filed against the acquittal order was dismissed by Sessions Court

Validity

Writ of certiorari is only available to quash a decision for an error of law

It will also be issued for correcting errors of jurisdiction when an inferior Court or a tribunal acts without jurisdiction or in excess of its jurisdiction, or fails to exercise its jurisdiction, or where the Court or a tribunal acts illegally in exercise of its undoubted jurisdiction and it decides a matter in violation of the principle of natural Justice

High Court while issuing a writ of certiorari acts in exercise of supervisory and not appellate jurisdiction

High Court in exercise of its constitutional jurisdiction will not review the findings of facts reached by the inferior Court or a tribunal

Petitioner hasfailed to point out as to how the concurrent findings of the Courts below were the consequence of error of law or were without jurisdiction or in excess of jurisdiction

Constitutional petition , being meritless , was dismissed in limine.

Whenever a High Court is exercising its constitutional jurisdiction for the purposes of certiorari, it is directing a Court under its superintendence to correct any error of law or jurisdiction in a judgment/decision assailed before it in such a manner that the same order or judgment can be "certified" by the same High Court

However, whilst certiorari may be a prerogative of the High Court under Article 199 of the Constitution of Pakistan, it is still a discretionary power.

While adjudicating a constitutional petition of writ of certiorari, High Court shall exercise jurisdiction sparingly and seldom, particularly, when there are concurrent findings of facts rendered by the subordinate courts in original jurisdiction as well as exercising appellate jurisdiction.

Writ of certiorari can be issued by High Court if orders and judgments assailed before the Court are result of improper or illegal exercise of jurisdiction.

Through a writ of certiorari, High Court on one hand is vested with power to correct errors committed by inferior Courts or Tribunals and on the other hand to annul acts or proceedings taken by inferior bodies without any lawful authority

Order of certiorari is issued out of High Court and is directed to judge or officer of an inferior tribunal to bring proceedings in a cause of matter pending before the tribunal into the High Court to be dealt with in order to ensure that the applicant of the order may have more sure and speedy justice; it may be had in either civil or criminal proceedings

Court issuing a writ of certiorari acts in the exercise of a supervisory and not appellate jurisdiction

Character and scope of certiorari issued is for correcting error of jurisdiction

High Court is empowered to interfere in all cases of excess of jurisdiction, whether the person exceeding jurisdiction is a Court, a judicial or a quasi-judicial body or a purely executive or administrative Tribunal or officer, provided such body, authority or officer is performing functions in connection with the affairs of the Federation, a Province or a local authority

Writ of certiorari cannot be used as a substitute of appeal or revision as its scope is limited.

There is a significant difference between writs under Art.199(1)(a)(ii), (b)(ii) of the Constitution in terms of the aggrieved person

Writ of certiorari can only be moved by an aggrieved person who is competent to seek a declaration, whereas for a writ of quo warranto, there is no such restriction, and any person, whether aggrieved or not, can move a writ of quo warranto

For the maintainability of writs of certiorari and/or prohibition, it is necessary that the right sought to be enforced should ordinarily be a personal or individual right of the individual person.

Petitioner/tenant invoked constitutional jurisdiction of the High Court to assail concurrent findings passed against him

Validity

High Court , normally, does not operate as a Court of appeal in rent matters, rather its jurisdiction is limited to disturb those findings which, prima facie, appearing to have resulted in some glaring illegalities resulting into miscarriage of justice

Finality in rent hierarchy is attached to the Appellate Court, and when there are concurrent findings of both the rent authorities, the scope becomes rather tight

Present petition falls within writ of certiorari against the judgments passed by both the Courts below in rent jurisdiction, which cannot be disturbed until and unless it is proved that the same is result of mis-reading and non-reading of evidence

No illegality or infirmity was noticed in the impugned judgments and orders passed by both the Courts below

Constitutional petition was dismissed in limine in circumstances.

Petitioner/tenant invoked constitutional jurisdiction of the High Court to assail concurrent findings passed against him

Validity

High Court, normally, does not operate as a Court of appeal in rent matters, rather its jurisdiction is limited to disturbing those findings which, prima facie, appear to have resulted in some glaring illegalities resulting into miscarriage of justice

Finality in rent hierarchy is attached to the Appellate Court, and when there are concurrent findings of both the rent authorities the scope becomes rather tight

Petition falls within writ of certiorari against the judgments passed by both the Courts below in rent jurisdiction, which cannot be disturbed until and unless it is proved that the same is result of mis-reading and non-reading of evidence

No illegality or infirmity was noticed in the impugned judgments and orders passed by both the Courts below

Constitutional petition was dismissed in limine, in circumstances.

It will also be issued for correcting errors of jurisdiction when an inferior Court or a tribunal acts without jurisdiction or in excess of its jurisdiction, or fails to exercise its jurisdiction or where the Court or a tribunal acts illegally in exercise of its undoubted jurisdiction and it decides a matter in violation of the principle of natural justice

High Court while issuing a writ of certiorari acts in exercise of supervisory and not appellate jurisdiction

High Court in exercise of its writ jurisdiction will not review the findings of facts reached by the inferior Court or a tribunal.

It is also be issued for correcting errors of jurisdiction when an inferior Court or a tribunal acts without jurisdiction or in excess of its jurisdiction, or fails to exercise its jurisdiction or where the Court or a tribunal acts illegally in exercise of its undoubted jurisdiction and it decides a matter in violation of the principle of natural justice

High Court while issuing a writ of certiorari acts in exercise of supervisory and not appellate jurisdiction

High Court in exercise of its writ jurisdiction will not review the findings of facts reached by the inferior Court or a tribunal.

Application under the Constitution shall be accompanied by an affidavit or affidavits in proof of the fact and certified copies of all pleadings, documents, orders of the subordinate Court or authority or tribunal, including the evidence recorded, if any, unless dispensed with by the Court

High Court directed its office not to accept for filing a petition seeking the issuance of a writ of certiorari without a certificate of the counsel for the petitioner to the effect that the record of the Court or Tribunal below has been filed along with the petition.

Certiorari was available to quash a decision for an error of law; it can also be issued for correcting errors of jurisdiction when an inferior Court or a tribunal acts without jurisdiction or in excess of its jurisdiction or fails to exercise its jurisdiction or where the Court or a tribunal acts illegally in exercise of its undoubted jurisdiction and it decides a matter in violation of the principle of natural justice

High Court while issuing a writ of certiorari acts in exercise of supervisory and not appellate jurisdiction.

Order in the nature of writ of certiorari or mandamus is a discretionary order and its object is to foster justice and right a wrong

Person can be permitted to invoke this discretionary power of a Court but it must be shown that the orders sought to be set aside had occasioned some injustice to the parties.

Such writ is also issued for correcting errors of jurisdiction when inferior Court or tribunal acts without jurisdiction or in excess of its jurisdiction or fails to exercise its jurisdiction or where Court or tribunal acts illegally in exercise of its undoubted jurisdiction and decides a matter in violation of principle of natural justice

High Court while issuing writ of certiorari acts in exercise of supervisory and not appellate jurisdiction

High Court, in such jurisdiction, does not review findings of facts reached by inferior Court or tribunal.

Where there was either absence or excess of jurisdiction or order under challenge suffered from patent illegality on the face of record, a writ of certiorari can be granted even though remedy, by way of appeal, was not availed.

Such writ is also issued for correcting errors of jurisdiction when inferior Court or tribunal acts without jurisdiction or in excess of its jurisdiction or fails to exercise its jurisdiction or where Court or tribunal acts illegally in exercise of its undoubted jurisdiction and decides a matter in violation of principles of natural justice

High Court while issuing writ of certiorari acts in exercise of supervisory and not appellate jurisdiction

In such jurisdiction, High Court does not review findings of facts reached by inferior Court or tribunal.

Jurisdiction under Art.199 of the Constitution cannot be invoked as a substitute of another appeal against the order of the appellate court

Mere fact that upon perusal of evidence there exists possibility of a different view would never be sufficient to assail concurrent findings.

While considering prayer for certiorari, High Court is not entirely powerless to look into the question as to whether the concerned authority at all has jurisdiction to entertain the matter and decide question relating to initial lack of jurisdiction.

Party seeking writ of certiorari is required to establish error of law, jurisdictional defect or violation of principles of natural justice which must be seen on the face of the order and establish that the order is without lawful authority and of no legal effect.

Scope of interference by High Court in writ of certiorari is very limited to extent of supervisory jurisdiction and, therefore, High Court has no jurisdiction to probe into factual disputes or re-appraise or re-consider the documents and evidences empowered as in appellate jurisdiction.

When the findings of two courts below are at variance, the High Court can appreciate the evidence to determine which of the two decisions is in accordance with the evidence.

Writ of certiorari was not a writ of right but one of discretion and object of same was to curb excess of jurisdiction and to keep inferior Courts and Tribunals within bounds

High Court while judicially reviewing proceedings and judgments of inferior Courts or Tribunals could not substitute their decision(s) with its own decision

Writ of certiorari may be invoked where there was an error of law apparent on of face of record and where not every error of law or fact could be corrected by an Appellate Authority

Issuance of writ of certiorari was exercise of supervisory and not appellate authority

High Court under Art.199 of the Constitution could not judicially review findings of fact reached by an inferior Court or Tribunal unless there existed manifest error on face of proceedings or where such proceedings were in disregard of provisions of law.

Constitutional jurisdiction of High Court in matters of writ of Certiorari was not an independent jurisdiction but is meant to control and supervise jurisdictional powers of subordinate courts/tribunals

At any stage of continuity of a lis, turning of legal disability into legal ability may render such lis infructuous and any order would be coram non judice

Jurisdiction must be acquired before a judgment is given and judgment given by a court which has no jurisdiction in the matter is nullity in eyes of law.

Exception to such principle is that such informer should neither have a personal interest nor any other motive regarding which a writ of certiorari sought to be issued.

Object and Scope.

High Court in its constitutional jurisdiction did not undertake to re-appreciate evidence in the matter to disturb the findings of fact but when such findings were based on mis-reading or non-reading of evidence, erroneous assumption of facts, mis-application of law, excess or abuse of jurisdiction and arbitrary exercise of powers then such findings could be interfered with by issuing writ of certiorari to correct the wrong decision.

High Court could examine any order passed by the courts below whether it was without jurisdiction or in excess of jurisdiction or courts below had failed to exercise jurisdiction

While examining such order no bar could be put on the jurisdiction of High Court to attend to the evidence of the parties recorded in the trial.

Certified copy of impugned order was the demand of law for filing writ of certiorari.

Petitioners had made construction on the suit land but had failed to bring on record even a single document which could authorize them to do so

Petitioners had no right to occupy the suit land without title

Respondents who were owners of land in question could not be restrained through writ of prohibition to eject the petitioners whose possession on the same was unlawful

Writ petition was dismissed in circumstances.

Power of judicial review in writ of certiorari would be exercised by High Court in case of defective exercise of jurisdiction by courts below

High Court could interfere while exercising authority under Art.199 of the Constitution where revisional court had passed order in violation of express provisions of law.

Under S.44 of Azad Jammu and Kashmir Interim Constitution Act, 1974, High Court had power to issue a writ of certiorari, if the order passed by the lower forum was against the law or violative of principle of law.