Published By: advocateonline.pk

Written By: Advocate Afshan Saleem

A writ petition is a legal remedy that can be used to challenge the actions or omissions of public authorities or private persons that violate the fundamental rights or legal rights of citizens. The Constitution of Pakistan grants the power to issue writs to the High Courts and the Supreme Court under Article 199 and Article 185(3) respectively.

The procedure and format for filing a writ petition may vary depending on the type of writ, the court, and the nature of the case. However, some general steps are as follows:

Step 1. Serve a notice

Step 2. Draft a petition

Step 3. File the petition

Step 4. Appear before the court

Step 5. Obtain judgment

Step 6. Implement judgment

Step 1. Serve a notice:

Before filing the petition in court, the Petitioner or counsel of Petitioner, need to serve a notice to the public authority or private person against whom you are filing the petition. This is to give them a chance to respond to the grievance petitioner faced and rectify their mistake. However, in some urgent or exceptional cases, this step can be skipped and file the petition directly in court.

Step 2. Draft a petition:

The first and most important step is to draft a petition that clearly states the facts of the case, the grounds for challenging the impugned action or omission, the relief sought from the court, and the legal basis for invoking the writ jurisdiction. The petition should also include supporting documents such as affidavits, annexures, and citations of relevant laws and precedents. The format for drafting a petition may differ from court to court, but some common elements are title, cause title, index, synopsis, list of dates and events, statement of facts, grounds for relief, prayer clause, verification clause, and signature of the petitioner or his counsel.

Step 3. File the petition:

The next step is to file the petition at the filing counter of the court along with the prescribed fee and copies of the petition and annexures. The court may assign a number to the petition and fix a date for the hearing.

Step 4. Appear before the court:

On the date of the hearing, both parties should appear before the court and present their arguments and evidence. The court may hear both parties or adjourn the case for further hearing or judgment. At this step, the Petitioner or the counsel of the Petitioner has to prove their right or claim to the extent of the law prevailing in the country. The main cause of action of the writ Petition must invoke a fundamental right as described in the Constitution of Pakistan 1973.

Step 5. Obtain judgment:

The court may issue a judgment after hearing both parties or after reserving its judgment for a later date. The judgment may grant or dismiss the petition or issue any other appropriate order or direction. The judgment may also specify the costs and consequences of the case.

Step 6. Implement judgment:

The final step is to implement the judgment of the court by complying with its order or direction or by enforcing it through appropriate authorities or means. I hope this blog post was helpful to you. If you have any questions or comments, please feel free to share them below. Thank you for reading!