Writ: as to Constitution of Bangladesh and draft of Writ (For Bar Council Exam)

 Writ as to Constitution of Bangladesh 

(For Bar Council Exam)

Definition of Writ

A Writ is a formal written order or command issued by the High Court Division under Article 102 of the Constitution of Bangladesh, directing any person, authority, or lower court/tribunal to act or abstain from acting in a particular way, mainly:

• To enforce Fundamental Rights (Article 44), or
• For any other purpose where authority has acted without lawful authority or in violation of law.

 

Key Points for Exam:

• Originated from English Common Law (Prerogative Writs).
• In Bangladesh, Articles 44 & 102 provide the constitutional basis.
• Writ ensures Rule of Law, Natural Justice, and Judicial Review.
• Five Types: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.

 

“A writ is a formal written order issued by the High Court Division under Article 102 of the Constitution of Bangladesh for the enforcement of fundamental rights or for any other purpose, by which the Court exercises its power of judicial review.”

 

 Writ: as to Constitution of Bangladesh and draft of Writ (For Bar Council Exam)

1. Constitutional Basis

• Articles 44 & 102 of the Constitution of Bangladesh, 1972
• Article 102 empowers the High Court Division to issue orders, directions, and writs for the enforcement of fundamental rights and for any other purpose.

 

2. Who Can Apply?

• Any aggrieved person (directly affected).
• For Public Interest Litigation (PIL), relaxation may be allowed.

 

3. Types of Writs (Borrowed from English Law, available in Bangladesh under Art. 102)

(a) Habeas Corpus

• Meaning: “Produce the body.”
• Purpose: To test the legality of detention.
• Example: If a person is detained without lawful authority.
• Article: 102(2)(b)(i).

 

(b) Mandamus

• Meaning: “We command.”
• Purpose: Command a public authority to perform statutory duty.
• Example: Forcing govt. authority to give license if applicant fulfilled legal requirements.
• Article: 102(2)(a)(i).

 

(c) Prohibition

• Purpose: Prevent an inferior court/tribunal from exceeding jurisdiction.
• When: Before decision is given.
• Article: 102(2)(a)(ii).

 

(d) Certiorari

• Purpose: Quash an illegal order/judgment of inferior court/tribunal made without jurisdiction or violating natural justice.
• When: After decision is given.
• Article: 102(2)(a)(ii).

 

(e) Quo Warranto

• Meaning: “By what authority.”
• Purpose: Challenge illegal occupation of public office.
• Example: If someone holds office without qualification.
• Article: 102(2)(b)(ii).

 

4. Limitations / Exceptions

• No writ lies against:
• The President of Bangladesh (Art. 51).
• Legislative functions of Parliament.
• Purely private matters without public element.

 

5. Notable Case Laws

• Anwar Hossain Chowdhury v. Bangladesh (8th Amendment case, 1989): Basic structure doctrine.
• Md. Shamsul Huda v. Bangladesh (1990): Habeas corpus scope.
• Kudrat-e-Elahi Panir v. Bangladesh (44 DLR AD 319): Local govt. issue.
• Bangladesh Italian Marble Works Ltd. (5th Amendment case): Validity of martial law.

 

6. Exam-Oriented Points (Bangladesh Bar Council)

• Always cite Art. 102 as source.
• Mention five writs with examples.
• Remember difference:
• Prohibition = before decision
• Certiorari = after decision
• State who can apply and against whom writ lies.
• Mention that High Court Division has original jurisdiction in writ.

 

Summary Structure of a Writ Petition

“A Writ Petition under Article 102 of the Constitution generally contains: (1) Cause Title, (2) Case Title, (3) Statement of Facts, (4) Grounds of Petition, (5) Prayers/Reliefs sought, (6) Interim Relief, and (7) Verification by Affidavit.”

1.     Heading / Cause Title

-        Court

-        Division

-        Jurisdiction

-        Writ Number

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

SPECIAL ORIGINAL JURUISDICTION

WRIT PETITION NO. -------- OF 2025

 

2. Case Title

• IN THE MATTER OF
• An application under Article 102 of the Constitution of the People’s Republic of  Bangladesh.
• AND
• IN THE MATTER OF
• (Name of Petitioner) – Petitioner.
• Versus
• (Name of Respondent, usually Govt. authority/official) – Respondent(s).

 

3. Facts of the Case (Background)

• Short description of relevant facts.
• Mention cause of grievance.
• Show that the petitioner is an aggrieved person.

 

4. Grounds of the Petition

• Legal points with constitutional/statutory references.
• Example: “Because the detention order was passed without lawful authority and in violation of Article 32 of the Constitution.”
• Each ground should be numbered separately.

 

5. Prayers / Relief Sought

• State clearly what relief is expected, e.g.:
• Issue a writ of Habeas Corpus.
• Issue a writ of Mandamus directing respondent to perform statutory duty.
• Issue a writ of Certiorari quashing illegal order.
• May also include prayer for Rule Nisi (asking respondents to show cause).

 

6. Interim Relief (if any)

• Request for stay order / injunction until disposal of the petition.

 

7. Verification / Affidavit

• Petitioner affirms that facts stated are true to his/her knowledge and belief.

Article 44 – Enforcement of Fundamental Rights

1. Right to move High Court Division
• Any citizen of Bangladesh has the right to move the High Court Division under Article 102 for the enforcement of the fundamental rights guaranteed in Part III of the Constitution.
2. Enlargement by law
• Parliament may, by law, empower any other court to exercise jurisdiction for enforcement of fundamental rights.

✅ Essence: Article 44 gives a guaranteed right to citizens to approach the High Court Division for enforcement of Fundamental Rights.

 

Article 102 – Powers of the High Court Division

The source of writ jurisdiction in Bangladesh. It empowers the HCD to give directions, orders, and writs.

(1) For Fundamental Rights (Art. 102(1))

High Court Division may give directions/orders to enforce fundamental rights under the Constitution.

 

(2) For Any Other Purpose (Art. 102(2))

High Court Division may issue orders/writs in the following cases:

• (a) Against any person/authority (including govt.):
• (i) To act in accordance with law (Writ of Mandamus).
• (ii) To prevent a person or authority, including a tribunal, from acting without lawful authority (Writ of Certiorari / Prohibition).
• (b) For other purposes:
• (i) To release a person unlawfully detained (Writ of Habeas Corpus).
• (ii) To declare that a person holding or claiming public office is not legally entitled (Writ of Quo Warranto).

 

(3) Limitations of Art. 102

• No writ lies if:
• Adequate remedy is available under any law (except for enforcement of fundamental rights).
• Against purely private matters.
• Against the President (immunity under Article 51).

 

Articles 26–43 (Fundamental Rights) – Short Titles

Memory Tip:

• 26–30 = Equality rights
• 31–35 = Protection of law & personal rights
• 36–40 = Freedom rights
• 41–43 = Religion, Property & Privacy

 

• Art. 26 – Laws inconsistent with fundamental rights to be void
• Art. 27 – Equality before law
• Art. 28 – Discrimination on grounds of religion, race, caste, sex or place of birth prohibited
• Art. 29 – Equality of opportunity in public employment
• Art. 30 – Prohibition of foreign titles, honours, awards, decorations
• Art. 31 – Right to protection of law
• Art. 32 – Protection of right to life and personal liberty
• Art. 33 – Safeguards as to arrest and detention
• Art. 34 – Prohibition of forced labour
• Art. 35 – Protection in respect of trial and punishment (double jeopardy, self-incrimination, ex post facto law)
• Art. 36 – Freedom of movement
• Art. 37 – Freedom of assembly
• Art. 38 – Freedom of association
• Art. 39 – Freedom of thought, conscience and speech (including freedom of press)
• Art. 40 – Freedom of profession or occupation
• Art. 41 – Freedom of religion
• Art. 42 – Right to property
• Art. 43 – Protection of home and correspondence (privacy rights)

 

Respondent Parties in Writ Petition (for Breach of Fundamental Rights)

1. Equality Before Law (Art. 27) & Non-discrimination (Art. 28–29)

• Respondent:
• Govt. departments (e.g., Ministry of Education, Public Service Commission, Recruiting Authority).
• Any statutory authority denying equal opportunity in job, admission, etc.

 

2. Right to Protection of Law & Life/Liberty (Art. 31–32)

• Respondent:
• Police, RAB, or any law enforcement agency responsible for illegal arrest, torture, extra-judicial killing.
• Home Ministry (if administrative approval/order involved).

 

3. Safeguard as to Arrest & Detention (Art. 33)

• Respondent:
• The detaining authority (Deputy Commissioner, Magistrate, or Ministry of Home Affairs).
• Prison authority (if still holding detainee).

 

4. Forced Labour (Art. 34)

• Respondent:
• Any public authority/employer engaging in bonded/forced labour.
• Labour Ministry (if negligence in enforcement).

 

5. Trial & Punishment (Art. 35)

• Respondent:
• Criminal Court/Tribunal exceeding jurisdiction.
• Government authority issuing unlawful orders of punishment.

 

6. Freedoms of Movement, Assembly, Association, Speech (Arts. 36–39)

• Respondent:
• Police, District Magistrate, or local administration restricting rallies, meetings, processions without lawful reason.
• Ministry of Home Affairs (for banning organizations).
• Information/Telecom authorities (for censorship of media/press).

 

7. Freedom of Profession or Occupation (Art. 40)

• Respondent:
• Licensing Authority (e.g., Bangladesh Bank, BTRC, BRTA, Municipality, City Corporation) unlawfully denying license/permit.

 

8. Freedom of Religion (Art. 41)

• Respondent:
• Any public authority restricting religious practices without lawful basis.
• Local police/administration preventing lawful religious activity.

 

9. Right to Property (Art. 42)

• Respondent:
• Land Ministry, AC (Land), Deputy Commissioner, or any public authority unlawfully acquiring or taking property.

 

10. Privacy of Home & Correspondence (Art. 43)

• Respondent:
• Law enforcement agencies conducting unlawful searches/seizures.
• Telecom authority for illegal surveillance/tapping of phones.

 

Election-Related Respondent Parties

When fundamental rights are breached in the electoral process, the following may be made respondents:

• Election Commission of Bangladesh (constitutional body under Art. 118)
• Chief Election Commissioner (CEC)
• Returning Officers / Presiding Officers (for constituency-level actions)
• Ministry of Local Government or relevant authority (in case of local elections)
• Government officials engaged in election duty (if they acted without lawful authority)

 

Education-Related Respondent Parties

When rights are breached in the education sector, respondents may include:

• Ministry of Education / Technical & Madrasa Education Division
• Directorate of Secondary & Higher Education (DSHE)
• University Grants Commission (UGC) (for higher education issues)
• Public Universities (via Syndicate, Senate, or Registrar)
• Board of Intermediate & Secondary Education (for SSC/HSC matters)
• National University / Open University / Technical Boards (depending on context)

 

General Rule (Exam Answer Style):

“The respondents in a writ petition are generally public authorities, statutory bodies, or government officials who have acted without lawful authority or in violation of fundamental rights under Articles 26–43 of the Constitution. Private parties are not respondents unless they act jointly with a public authority.”

 

 

SAMPLE WRIT PETITION

(All-in-One Format)

 

IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. …… OF 2025

IN THE MATTER OF:
An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.

AND

IN THE MATTER OF:
Enforcement of the fundamental rights guaranteed under Articles … of the Constitution.

To

Mr. Justice Refaat Ahmed, The Hon’ble Chief Justice of Bangladesh and his companion Justices of the said Court. (New Format Style) (Chose any one)

AND

IN THE MATTER OF:
(Name of Petitioner), son/daughter of …, of (address) … … … — Petitioner.

VERSUS

1.     Bangladesh, represented by the Secretary, Ministry of ………… — Respondent No. 1

2.     (e.g., Election Commission / Ministry of Education / Board / Police Commissioner / DC / Public Authority, etc.) — Respondent No. 2

3.     (Other necessary respondents as per facts).

To

Mr. Justice Refaat Ahmed, The Hon’ble Chief Justice of Bangladesh and his companion Justices of the said Court. (Old Style) (Chose any one)

The humble petition of the Petitioner above named Most Respectfully-

SHEWETH:

(Facts of the Case)

1. That the petitioner is a citizen of Bangladesh and is aggrieved by the actions of the respondents.
2. That the respondents, by their illegal and arbitrary actions, have violated the petitioner’s fundamental rights guaranteed under Articles … of the Constitution.
3. That briefly, the facts are as follows:
• (Write 3–4 short paras about background, e.g., unlawful detention, denial of admission, cancellation of candidature, illegal seizure of property, etc.)

 

2. Grounds

(Because)
a) For that the impugned action/order has been taken without lawful authority and is of no legal effect.
b) For that the respondents acted in violation of Articles … (insert fundamental rights: 27, 31, 32, 39, 42, etc.) of the Constitution.
c) For that the impugned action is malafide, arbitrary, and against the principle of natural justice.

 

Prayers (Need Not to Write Prayer Word)

Wherefore, it is humbly prayed that Your Lordships may graciously be pleased to:

i. Issue a Rule Nisi calling upon the respondents to show cause as to why the impugned order/action (describe briefly) should not be declared to have been made without lawful authority and is of no legal effect.

ii. After hearing the parties, make the Rule absolute.

iii. Pending disposal of the Rule, pass an interim order staying operation of the impugned action/order.

iv. Pass such other or further order(s) as Your Lordships may deem fit and proper.

AND

For this act of kindness, the petitioner as in duty bound shall ever pray.

 

AFFIDRAVIT

I, (Petitioner’s name), son/daughter of …, of (address), do hereby solemnly affirm and verify that the statements made hereinabove are true to my knowledge and belief and the rest are submissions before this Hon’ble Court.

I.                That ---------

II.              That --------

III.            That --------

Signature of the Respondents

This affidavit made before me at

10:30 dated on DD/MM/YYYY

ADVOCATE

The Respondents is known to me and identified by me.

ADVOCATE

COMMISSIONER OF THE AFFIDRAVIT

HIGH COURT DIVISION

SUPREME COURT OF BANGLADESH

 

5. Advocate-on-Record

(Name & signature of Advocate)