What is a Writ Petition and When to File One in Court?
A writ petition is a legal document sent to a higher court—typically a high court or the Supreme Court—to request the court’s involvement or guidance to uphold or defend fundamental rights or to address a legal matter. It is a formal request submitted to the court by a person or a group asking the court to use its exceptional jurisdiction and issue a writ, order, or directive.
Writ petitions are submitted when a person constitutionally protected fundamental rights have been infringed or are in danger or when a situation arises that necessitates the court’s prompt attention and involvement. There are different types of writs, such as a writ of mandamus, certiorari, habeas corpus, and prohibition.
How to file a Writ Petition
Writs offer a quick and affordable remedy for defending fundamental rights against interference from the legislative and executive branches. According to the Constitution, the Supreme Court or the High Courts are the only places where a writ petition may be filed directly. A civil lawsuit or a criminal complaint may be brought to enforce a fundamental right.
Who may submit a Writ Application?
The basic premise is that anyone who believes they are being detained illegally may apply. A friend or family member can request a writ of habeas corpus on behalf of the person being held, but only in certain limited circumstances. It only asks that the prisoner be brought before the court so that it can review the facts and determine whether or not the accused is being held legally or illegally. Another reason the inmate shouldn’t use Habeas Corpus is the potential that they may be imprisoned without communication. Utilizing habeas corpus is subject to restrictions.
When to File Writ Petition in Court?
1. Fundamental Rights Violation: A person may file a writ petition to ask the court to intervene on their behalf if they consider that the government, a public entity, or an individual has violated their constitutionally protected fundamental rights.
2. Government Action or Inaction: A writ petition may be filed to request the court’s guidance to correct a situation where the government or one of its agencies fails to fulfill its obligations or behaves arbitrarily or illegally.
3. Writ petitions can be filed in the public interest to address issues of greater significance that affect a significant portion of society or include topics of public importance.
4. Judicial Review: A person may file a writ petition to request the higher court’s review and appropriate redress if they consider that a decision or order made by a lower court, tribunal, or administrative authority is unlawful, unfair, or unconstitutional.
In conclusion, any High Court, in whole or in part, whose jurisdiction the cause of action arises may receive a writ caveat petition. It is the same where the authority the writ petition is filed against is located. The High Court has much greater power to issue writs than the Supreme Court.