শুক্রবার, ১০ জুলাই ২০২৬, ০৮:১৯ অপরাহ্ন




Writ remains a key constitutional tool for protecting rights

আউটলুক বাংলা রিপোর্ট
  • প্রকাশের সময়: শুক্রবার, ১০ জুলাই, ২০২৬ ৫:২৫ pm
SC সুপ্রিম কোর্ট রায় Supreme Court highcourt হাইকোর্ট আদালত
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DHAKA, July 10, 2026 (BSS) – A writ remains one of the most powerful constitutional tools for protecting citizens’ rights, with a single petition filed before the High Court often leading to relief and lasting benefits for thousands of people across the country.

Under Article 102 of the Constitution, five types of writs may be filed. They are:

Writ of Habeas Corpus: This writ is invoked when a person is detained or arrested without lawful authority. In such cases, the High Court directs the authorities to produce the detained person before the court and examine the legality of the detention.

Writ of Mandamus: The High Court issues this writ to compel a public authority or government official to perform a legal duty that they are required to discharge but have failed or refused to perform.

Writ of Certiorari: This writ enables the High Court to quash an order or decision of a subordinate court, tribunal or public authority if it has acted without jurisdiction, exceeded its jurisdiction, or committed an error of law.

Writ of Prohibition: The High Court issues this writ to prevent a subordinate court or tribunal from proceeding with a case that falls outside its lawful jurisdiction.

Writ of Quo Warranto: This writ allows the High Court to examine the legal authority under which a person occupies a public office and determine whether the appointment is lawful.

The legal foundation of public interest litigation (PIL): The landmark Mohiuddin Farooque v. Bangladesh case laid the legal foundation for public interest litigation in Bangladesh.

In its judgment, the court held that any individual or organisation may seek legal remedies in the public interest even without being directly affected by the matter, provided the issue concerns public welfare. Since then, public interest writ petitions have assumed a new dimension in the country’s legal landscape.

Over the years, numerous writ petitions have set important judicial precedents in securing justice for individuals and protecting the public interest. Many of these rulings have brought about significant and lasting positive changes in society and people’s everyday lives.

Breastfeeding Corners in Public Places: Following a writ petition filed by Supreme Court lawyer Ishrat Hasan on behalf of infant Umair, the High Court directed the authorities to establish breastfeeding corners at workplaces, airports, bus terminals, railway stations, shopping malls and other public places, as well as in government and autonomous institutions.

Legal Rights for Rivers: Hearing a writ petition against river encroachment and pollution, the High Court recognised the Turag River, along with all rivers in the country, as legal entities (living entities). The landmark ruling strengthened administrative efforts to protect rivers and provided a stronger legal basis for evicting illegal encroachers.

Admission to Educational Institutions Using the Mother’s Identity: Disposing of a public interest writ petition, the High Court directed that educational institutions must allow admission using only the mother’s name on admission forms. The ruling enabled children who are unable to identify or disclose their father’s identity to pursue education without facing discrimination.

A Landmark Compensation Award: After a six-year legal battle, child worker Naim Hasan Nahid, who lost a hand while working in a workshop, received a total compensation of Taka 30 lakh on July 6, 2026. The compensation was awarded following a writ petition filed by his father, culminating in a High Court judgment and subsequent directives from the Appellate Division.

Strengthening Discipline in Educational Institutions: The High Court directed all universities and university colleges across the country to form anti-ragging committees and implement the Ministry of Education’s anti-ragging policy to ensure effective remedies for students subjected to ragging.

Separately, in a landmark 2009 judgment, the High Court ordered all educational institutions to establish complaint committees to prevent and address sexual harassment. The directives served as the country’s principal policy framework on preventing sexual harassment in educational institutions for many years.

Ensuring Access to Emergency Medical Care: Following a writ petition over the denial of emergency treatment by several hospitals, the High Court directed all hospitals nationwide to provide immediate medical care to critically injured patients, reinforcing citizens’ right to life-saving emergency healthcare.

Commenting on the practical significance of writ petitions in the higher judiciary, Supreme Court senior lawyer Barrister Salauddin Dolon told BSS, “A writ petition is a constitutional right. Through public interest litigation (PIL), the courts have, in many instances, intervened to uphold justice and ensure the legal rights of individuals.”

“However, many people also file writ petitions on irrelevant issues merely as a shortcut to gain media attention. This is deeply unfortunate. In such cases, the media and journalists must act responsibly so that no one can exploit matters lacking genuine public interest to advance personal interests,” he added.

The senior jurist underscored the importance of keeping the door to public interest litigation open for the greater good of society and the state.




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