The Part II Chapter 1 of the Constitution of The Islamic Republic of Pakistan deals with the fundamental rights of a person. This part is also called the heart of the Constitution, which provides right to life and liberty, equality before law, freedom of speech and expression, liberty of thought belief and worship, cultural & educational right, fair trial and right against discrimination, etc.
A writ can be filed before High Court or Supreme Court in case of infringement of the fundamental rights under Article 199 & Article 185 of the constitution of The Islamic Republic of Pakistan respectively. Supreme Court entertains writ only in those cases where there is violation of fundamental rights, however under Article 199 a writ petition can be filed in High
Court even in case of infringement of legal rights.
Who can file a Writ & what is Writ Petition?
Any citizen of Pakistan can file a writ petition, however, a foreigner can also file writ petition for enforcing his right to life and equality before law. Court can also issue writ in the interest of justice and public interest. A writ petition is an order given by a higher court to a lower government official or lower court in an effort to preserve the rights of a country. These rights may be individual rights or they may ensure that the governmental system is running appropriately. There are many different writ petitions, many of which deal with prisoners and arrests. Writ implies Power of the Constitutional Courts like the High Courts and the Supreme
Court to give authoritative directions to any Public Authority, or to private persons, to do something or refrain from doing something. Petition means the making of Complaint to appropriate Court of law.
It is also important to understand basic difference between a regular Writ Petition and Public
Interest Litigation Writ Petition. Whenever a person affected by any illegal act or omission of
Public Officials or of any Public office,