# Writ petitions in 9 flashcards. > Mandamus, prohibition, certiorari, habeas corpus and quo warranto, plus orders to enforce Fundamental Rights, all from the text of Article 199 as amended. - Topic: Law study - For: Law students - A 11-slide carousel: https://failegal.site/media/writ-petitions-in-9-flashcards-writs - Published by FAI Legal on 2026-10-10 ## Quick quiz. Habeas corpus. Guess first, then swipe for the answer. - **A. Only the detained person** - **B. Any person** - **C. Only an advocate** ## Answer: B. Any person. Read who may apply. - **Clause (1)(a)** Any aggrieved party. - **Clause (1)(b)** Any person: habeas corpus and quo warranto. - **Clause (1)(c)** Any aggrieved person, for Fundamental Rights. ## The three orders. 1 to 3. Clause (1)(a). - **Mandamus** Directs a public functionary to do what the law requires. (Art.199(1)(a)(i)) - **Prohibition** Directs him to refrain from what the law does not permit. (Art.199(1)(a)(i)) - **Certiorari** Declares an act done without lawful authority and of no legal effect. (Art.199(1)(a)(ii)) ## Liberty and office. 4 to 6. Clauses (1)(b) and (c). - **Habeas corpus** Bring a person in custody before the Court to test the custody. (Art.199(1)(b)(i)) - **Quo warranto** Show under what authority of law a public office is held. (Art.199(1)(b)(ii)) - **Rights** Directions to enforce the Fundamental Rights of Chapter 1, Part II. (Art.199(1)(c)) ## The limits. 7 to 9. Before you file. - **Adequate remedy** Only if no other adequate remedy is provided by law. (Art.199(1)) - **No suo motu** No order beyond the contents of the application filed. (Art.199(1A)) - **Armed Forces** No order on their terms and conditions of service. (Art.199(3)) ## The new clause. Clause (1A), added by amendment. > "For removal of doubt, the High Court shall not make an order or give direction or make a declaration on its own or in the nature of suo motu exercise of jurisdiction beyond the contents of any application filed under clause (1)." (Constitution of Pakistan, 1973 · Article 199(1A)) ## Interim orders. Clauses (4), (4A) and (4B). - **Public work, revenue** Notice to the law officer and a hearing first (cl.4). - **Six months** An interim order on State property or revenue lapses after six months; extendable once, up to six months (cl.4A). - **Decide it** A case with an interim order is decided on merits within six months (cl.4B). ## Who is a "person"? Clause (5). - **Includes** Any body politic or corporate, government authorities, any court or tribunal. - **Excludes** The Federal Constitutional Court, the Supreme Court, a High Court, Armed Forces courts. ## Revise with FAI. Ask FAI in your own words. It answers with the exact article and the leading judgments. - **When is a writ petition not maintainable because of an adequate remedy?** - **Explain certiorari and mandamus under Article 199 with cases.** ## What this does not mean - A writ lies only if no other adequate remedy is provided by law (Art. 199(1)). - The High Court cannot act on its own or go beyond the contents of the application filed (Art. 199(1A)). - No order can be made on the terms and conditions of service of the Armed Forces (Art. 199(3)), and the Federal Constitutional Court, the Supreme Court and a High Court are not a person for writ purposes (cl.5). ## Questions people ask ### What is a writ petition in Pakistan? It is an application to the High Court under Article 199 of the Constitution for orders against public functionaries, for custody to be tested, for a public office holder to show his authority, or for Fundamental Rights to be enforced. ### How many types of writ petition are there in Pakistan? Article 199 gives five: mandamus, prohibition, certiorari, habeas corpus and quo warranto. It also allows directions to enforce the Fundamental Rights in Chapter 1, Part II (Art. 199(1)(c)). ### Who can file a writ of habeas corpus? Any person can apply for habeas corpus and quo warranto (Art. 199(1)(b)). Mandamus, prohibition and certiorari need an aggrieved party, and rights enforcement needs an aggrieved person. ### Can a writ petition be filed if another remedy is available? Only if no other adequate remedy is provided by law (Art. 199(1)). ### How long does an interim order in a writ petition last? An interim order on State property or revenue lapses after six months, extendable once up to six months (cl.4A). A case with an interim order is to be decided on merits within six months (cl.4B). ## Sources - Constitution of Pakistan, 1973 · Article 199(1A): Jurisdiction of High Court --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.