Writ remains a vital constitutional safeguard for protecting rights

A writ petition remains one of the most effective constitutional remedies for safeguarding citizens' rights, with a single case before the High Court often resulting in relief that benefits not only the petitioner but also thousands of people across the country.

Article 102 of the Constitution empowers the High Court Division to issue five types of writs:

Habeas Corpus: Invoked when a person is detained without lawful authority, this writ requires the authorities to produce the detainee before the court so that the legality of the detention can be examined.

Mandamus: Issued to compel a public authority or government official to perform a statutory or legal duty that has been neglected or refused.

Certiorari: Enables the High Court to quash decisions or orders of subordinate courts, tribunals or public authorities that have acted without jurisdiction, exceeded their authority or committed an error of law.

Prohibition: Prevents a subordinate court or tribunal from proceeding with a matter that falls outside its lawful jurisdiction.

Quo Warranto: Allows the court to determine whether a person is lawfully holding a public office by examining the legal basis of the appointment.

Foundation of Public Interest Litigation

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

In its ruling, the court held that any individual or organisation may seek judicial remedies in the public interest, even without being directly affected, provided the issue concerns public welfare. The judgment significantly broadened access to justice and transformed the scope of public interest litigation in the country.

Since then, numerous writ petitions have resulted in landmark judgments that have strengthened constitutional rights, advanced social justice and brought lasting improvements to people's lives.

Landmark Writ Petitions

Breastfeeding Facilities in Public Places: Acting on 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, government offices and autonomous institutions.

Legal Recognition of Rivers: In a landmark judgment on a writ petition challenging river encroachment and pollution, the High Court declared the Turag River—and subsequently all rivers in Bangladesh—as legal entities. The ruling reinforced river conservation efforts and provided stronger legal grounds for removing illegal encroachers.

Admission Using the Mother's Identity: Responding to a public interest writ petition, the High Court directed educational institutions to permit student admissions using only the mother's name. The decision removed barriers for children unable to identify or disclose their father's identity and promoted equal access to education.

Compensation for Child Worker: On July 6, 2026, child worker Naim Hasan Nahid, who lost a hand in a workplace accident, received Tk 30 lakh in compensation after a six-year legal battle. The award followed a writ petition filed by his father, culminating in a High Court verdict and subsequent directives from the Appellate Division.

Strengthening Campus Safety: The High Court ordered all universities and university colleges to establish anti-ragging committees and implement the Ministry of Education's anti-ragging policy to protect students.

In a separate landmark judgment delivered in 2009, the court also directed all educational institutions to form complaint committees to prevent and address sexual harassment. For many years, these directives served as the country's principal policy framework for combating sexual harassment in educational institutions.

Access to Emergency Healthcare: Following a writ petition challenging the refusal of emergency treatment by several hospitals, the High Court instructed hospitals across the country to provide immediate medical care to critically injured patients, reinforcing citizens' constitutional right to life-saving healthcare.

Highlighting the significance of writ jurisdiction, Supreme Court senior lawyer Barrister Salauddin Dolon told BSS, "A writ petition is a constitutional right. Through public interest litigation, the courts have repeatedly intervened to uphold justice and protect the legal rights of individuals."

He cautioned, however, that some people misuse writ petitions by filing cases on issues lacking genuine public importance merely to attract media attention.

"Such practices are unfortunate. The media and journalists should exercise responsibility so that public interest litigation is not exploited to serve personal interests under the guise of public welfare," he said.

The senior lawyer stressed that the doors to public interest litigation must remain open, describing it as an essential constitutional mechanism for promoting justice and protecting the broader interests of society and the state.