Abstract

Writ in origin was letter or command from the King, usually written in Latin and sealed
with the great seal. A writ was an order issued from the King requiring performance of a
specified act or requires the person whom the command is issued to report at a fixed time with
proof of compliance or a justification for disobedience. Writs are issued by exercise of extra
ordinary power of the crown (now court in modern practice) on proper cause shown.

Writs were not available in sub-continent under British Rule. After independence, in
Pakistan such powers were conferred on High Court in 1953 by the addition of Section 223-A to
the “Government of India Act 1935”. Later on, through the Article 170 of the 1956 The
Constitution and Article 98 of 1952. The constitution such power was retained by the High
Court. The Constitution of 1973 followed the same pattern as Article 19 conferred writ
jurisdiction on high courts and Article 184(3) conferred said power on Supreme Court.

There is a very close relation between writs and rights. Writ is usually ranted when the
Right of some person is infringed. The aggrieved person may approach the Supreme Court for an
appropriate writ, only in case of infringement of fundamental right. But he may approach High
Court for appropriate writ for enforcement of either fundamental right or for any other right. So,
a person seeking to enforcement a right other than a fundamental right can approach for a writ
only to the High Court.

Where there is violation of fundamental right or legal right of a person a writ is ‘ granted
by the High Court or Supreme Court to protect the right of that person. And when the inferior
court, tribunal, board or public officer has acted illegally or exceeded its jurisdiction, the writ is
granted to save the rights of citizens. Writ is also granted when there is violation of natural
justice.

Introduction
Writs have very time been proved to be the pillar of the justice system. Writs are the
always beneficial for the citizens of the state. These are the bl3essings which groom with the
passage of the time. To understand what is a writ one should first try to understand its meanings
and also the historical backgrounds as well as the origin of the writs.

Writ can be defined as the process by which civil process in the High Court is
commenced. It is an order by the competent court which either restricts or requires any person to
do or abstain from doing something. The basic objective of the writs is to control the executive
action, to foster the justice between the parties and cause a person released from the illegal and
unauthorized confinement. One thing that is worth mentioning is that writ and rights go side by
side. A writ always protects the rights of the citizens of the state. A right can be defined as the
justice, ethical correctness or consonance with the rules of law or the principles of morals.. the
term right is used in five senses, as an interest, in the meaning of the recognized claim, in the
meaning of power, in the meaning of liberties, and what accords with the justice.

Literature Review
The concept of writs has been inherited to Pakistan and India from the English Law. If
we look into the historical background of the writ we come to know that at first writ was issued
by the King as a kings’ letter to withdraw any case from any court of the realm to try it in the
kings’ court. Such an order was mandatory and could not be resisted by any court or any judge as
all the judges and courts were appointed and established by the king. And when British rule
came to end in the subcontinent then the law was adopted by Pakistan and India. When the
Second c constitution of Pakistan was enforced on 1st March 1962, its Article 98 manifestly
conferred Writ jurisdiction upon the High Court. If we focus on the first constitution of Pakistan
of 1956, Article 22 and 170 respectively conferred the writ jurisdiction upon the Supreme Court
and the High Court. As I have just said that protects the rights another important thing to note is
that writ not only protects the rights but also causes the speedy remedy to the aggrieved persons.
It causes the issue of any judicial decree which leads to the speedy remedy to the person. Article
184(3) of the constitution deals with the enforcement of the fundamental rights by the Supreme
Court. Such rights are enumerated in the constitution itself. A question may arise here that
whether the Writ jurisdiction is a special one, the simple answer to such a question is that it may
be called the original jurisdiction of the civil court. Pakistan Govt. adopted the Govt. of India Act
1935 and it added in the constitution of Pakistan in Article 223-A. it confers the writ jurisdiction
on the High Court and the Supreme Court. It was for the first time in the history of Pakistan that
Superior Courts came forward to protect the rights of the common people through the writs.
Article 199 and 184(#) of the Constitution confers the powers upon the superior courts including
the High court and the Supreme Court to protect the rights of the aggrieved persons.

Hypothesis
A Writ protects the rights.

Provided that is brought before the competent court obeying the time limits according to the
circumstances of the case.
Model

Within the Limitation Period

Writ
Right
In the Competent Court

Circumstances of the case

Methodology
In the real world there are many factors that can have the impact
on the relationship between writs and rights, but we shall focus on the three above mentioned
factors that are important like limitation period, competency of the court and the circumstances
of each court.

Data Collection
In my research the data shall be collected by the secondary ways, it
means that secondary data shall be relied on but if primary data is collected easily it shall be
preferred and shall be relied on as well.

Purpose of the study

The basic purpose of the study is to provide justice to the peoples
of Pakistan and to secure their rights in a smooth way. The restoration of judiciary on 3 Nov.
2007 had created a new era of hope of Governance in accordance with the constitutional
principles. At that time the people of Pakistan had reposed great confidence on the ability of the
judiciary in the state. This research shall assist the people remove their grievances in a legal way.
This research shall find out the answer of the question that while the problem is the superior
courts or at the lower level and shall unveil the solutions to improve the judiciary system which
may lead to the distribution of the justice to every aggrieved person.
References

I. PLD 1972 Lah 497 Khan Umer Khan Vs Market Committee Jhelum
II. PLD 1986 Quetta 185 Lal Muhammad Vs. Gul Bibi
III. PLD 1986 Quetta Lal Muhammad Vs. Gul Bibi
IV. PLD 1963 sc 203 Masudal Hassan Vs. Khadim Hussain
V. PLD 1956 Kar 338 Mira Khan Vs. Mehrban Hussain
VI. 1998 CLC 898 Munir Gul Vs. Administrator Municipal
VII. 1982 CLC 1972 Muh. Shamim Siddiqui Vs. Kausar Aziz
VIII. PLD 1956 Kar 538 Muhammad Hussain Vs. Federation of
Pakistan
IX. 1982 CLC 1972 Muhammad Shamim Siddiqui Vs. Kausar Aziz
X. 1992 CLC 1991 Muhammad SaeedVs. Municipal Corporation
Bahawalpur
XI. AIR 1979 Mad 191 Mrs. Tara Malik Vs. The State of Madhg Parades
and others.
XII. AIR 1967 sc 691 Mis. Jahan Trading Co. Private Limited Vs. Mill
Mazdoor Sabha.
XIII. PLD 1965 Dacca 330 Muh. Siddique Vs. Syed Rafique Au.
XIV. PLD (W-P) Lah 230 Muh. Au Vs. Muhammad Bashir
XV. PLD 1963 SC 203 Msudul Hassan Vs. Khadim Hussain