What is The Procedure to File Write Petition in High Court Pakistan?

mateenadv · March 18, 2025, 7:16pm

To file a Writ Petition in the High Court, the following procedure should be adopted:

Constitutional Basis:

The power to issue writs is primarily derived from The_Constitution_of_the_Islamic_Republic_of_Pakistan, Section 199. This section empowers the High Court to issue various types of writs, including habeas corpus, mandamus, certiorari, prohibition, and quo warranto, for the enforcement of fundamental rights and addressing grievances.

Aggrieved Party:

According to The_Constitution_of_the_Islamic_Republic_of_Pakistan, Section 199 (1)(a), only an aggrieved party can file a writ petition.
M. Ghulam Nabi Awan v. Government of Pakistan, 2003 MLD 90 clarifies that the petitioner must demonstrate how any act or order of the government or legislature has offended the Islamic provisions of the Constitution or how their legal rights have been infringed upon. The court does not entertain petitions of an academic or political nature.
The writ petition can be turned down if other adequate remedy is available.
If the party abandons a legal course, they cannot re-litigate the same issue through a different legal avenue. Abdul Rehman and Others v. Additional District Judge, Rawalpindi and Others, 1984 SCMR 205.

Exhaustion of Remedies:

The High Court should not assume jurisdiction if other remedies are available. Riaz Hussain and another Versus TEVTA through Chairman, Lahore and 13 others, 2014 CLC 25 clarifies that the High Court should not assume the jurisdiction of other authorities or tribunals by directing them to treat writ petitions as representations when no prior proceedings are pending before those authorities.

Proper Authorization:

The writ petition must be signed by the petitioners or their duly authorized representatives to be considered valid. United Bank Ltd. and Another Versus Asjf Khurshid Hussain Etc., 1982 CLC 138.

Necessary Parties:

Parties having a direct interest in the outcome of the case, even if not originally party to the initial dispute, should be impleaded to ensure complete and effective adjudication and to avoid multiplicity of proceedings. Ghulam Muhammad and 3 others v. Additional District Judge, Multan and 5 others, 1999 YLR 469.

In conclusion, filing a writ petition in the High Court involves several critical steps: establishing oneself as an aggrieved party, ensuring that all other available remedies have been exhausted, properly authorizing the petition, and including all necessary parties to the proceedings. Adhering to these procedural and substantive requirements is essential for the successful adjudication of the writ petition.

Here is the structure of what the writ petition should entail:

IN THE HIGH COURT OF [Region Name]

Writ Petition No. _____/YEAR

Petitioner:

Complete name, Father’s name, Address

Versus

Respondents:

List down the names in numbered form

[Case Title, e.g., WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973 AGAINST THE JUDGMENT & DECREE DATED 05.04.2017 PASSED BY RESPONDENT NO.2 AND IMPUGNED JUDGMENT/DECREE DATED 27.05.2016 PASSED BY RESPONDENT NO.3, WHEREBY THE LEARNED RESPONDENTS NO.2&3 PARTIALLY DECREE THE SUIT OF THE PETITIONER]

Respectfully Sheweth

[Provide the facts and background of the case in numbered form]

GROUNDS

[List the legal and factual grounds for the writ in numbered form]

PRAYER

[Specify the relief being sought in numbered form]

CERTIFICATE

[Certify that this is the first petition on this matter in numbered form]

AFFIDAVIT

IN THE HIGH COURT OF [Region Name]

Writ Petition No. _____/2017