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A.R ADVOCATES & CORPORATE CONSULTANTS

Constitutional & Immigration · Constitutional & Writ Petitions

Constitutional and writ petitions in the High Court

A writ petition under Article 199 of the Constitution of Pakistan asks the High Court to stop or correct unlawful action by the government, a public authority or an official, or to protect fundamental rights. It is available when there is no other adequate remedy. Writs include mandamus, prohibition, certiorari, habeas corpus and quo warranto.

Who this is for

  • People affected by an unlawful order of a government department
  • Employees of public bodies facing unfair action, where no tribunal applies
  • Families seeking release of someone illegally detained
  • Businesses facing unlawful action by a regulator or authority

How the constitutional & writ petitions process works

  1. 1

    Assess maintainability

    We check whether a writ lies or another remedy must be used first.

  2. 2

    Gather the record

    We collect the impugned order and the correspondence.

  3. 3

    Draft the petition

    We draft the petition with the constitutional and legal grounds.

  4. 4

    Interim relief

    We seek a stay of the impugned action where urgent.

  5. 5

    Hearing and judgment

    We argue the petition before the High Court.

Documents you need

  • ◆The order or action being challenged
  • ◆Applications and correspondence with the department
  • ◆Your CNIC
  • ◆Documents showing how you are affected

Timeline and fees

TimelineUrgent petitions can be fixed for hearing within days. Final decisions depend on the court’s schedule and the replies of the respondents.
FeesQuoted in writing after we review your documents. Court matters are quoted stage by stage (filing, evidence, arguments) so you know the cost of each step before it starts.
Governing lawConstitution of the Islamic Republic of Pakistan, 1973: Articles 199 and 4 · Islamabad High Court Act, 2010

Types of writ

  • Mandamus: directing an authority to do what the law requires
  • Prohibition: stopping an authority from acting without jurisdiction
  • Certiorari: setting aside an unlawful order
  • Habeas corpus: release from unlawful detention
  • Quo warranto: questioning a person’s right to hold public office

Common matters

Unlawful orders by government departments, cancellation of licences and allotments, ECL and passport matters, and failure of authorities to decide applications.

Frequently asked questions

When can I file a writ petition?

When a public authority acts unlawfully and you have no other adequate remedy under the law.

What is habeas corpus?

A writ requiring a detained person to be produced in court, so the court can order release if the detention is unlawful.

Can a writ be filed against a private company?

Generally no, unless it performs functions of the state. Writs are against public authorities.

Consultation

Talk to an advocate about your matter

In-office, phone or video consultations. Overseas clients are briefed on WhatsApp in their own time zone.

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