Writ remains vital for rights

Writ petitions remain one of the most effective constitutional mechanisms for protecting citizens’ rights in Bangladesh, with a single petition before the High Court often resulting in judicial relief and long-term benefits for thousands of people.

Under Article 102 of the Constitution, the High Court is empowered to issue five types of writs Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo Warranto-to safeguard fundamental rights, ensure lawful administration and uphold the rule of law.

A Habeas Corpus writ is used to challenge unlawful detention, while Mandamus compels a public authority to perform a legal duty.

Certiorari allows the High Court to quash unlawful decisions of lower courts or public authorities, Prohibition prevents tribunals or courts from acting beyond their jurisdiction, and Quo Warranto examines the legality of a person’s appointment to a public office.

Public interest litigation (PIL) gained constitutional recognition through the landmark Mohiuddin Farooque v. Bangladesh case, in which the High Court ruled that individuals or organisations may seek judicial remedies on matters affecting the public interest even if they are not directly affected.

Since then, PILs have played a vital role in addressing issues of national importance and protecting public welfare.

Over the years, writ petitions have led to several landmark judicial decisions, The High Court ordered the establishment of breastfeeding corners at workplaces, airports, railway stations, bus terminals, shopping centres and government institutions following a writ filed by Supreme Court lawyer Ishrat Hasan on behalf of infant Umair.

In a landmark environmental ruling, the High Court recognised the Turag River and all rivers in Bangladesh as legal entities, strengthening efforts to combat river encroachment and pollution.

The court directed educational institutions to allow student admissions using only the mother’s name, removing barriers for children unable to identify or disclose their father’s identity.

After prolonged litigation, child worker Naim Hasan Nahid, who lost a hand in a workplace accident, was awarded Tk30 lakh in compensation following High Court and Appellate Division directives.

High Court ordered universities to establish anti-ragging committees and earlier directed all educational institutions to form committees to prevent sexual harassment.

The court also directed hospitals nationwide to provide immediate treatment to critically injured patients after hearing a writ challenging the denial of emergency medical care.

Supreme Court senior lawyer Barrister Salauddin Dolon described writ petitions as a constitutional safeguard that has repeatedly helped uphold justice through public interest litigation.

He, however, cautioned that some petitions are filed on issues lacking genuine public interest simply to attract media attention, urging both litigants and the media to act responsibly.

Dolon stressed that preserving the integrity of public interest litigation remains essential to protecting citizens’ rights and strengthening the rule of law in Bangladesh.