Are your legal rights violated? Here’s how to approach High Court with Writ Petition
Introduction
Are you dealing issue in seeking justice for your legal rights being ignored or violated? Or facing difficulty in seeking legal remedy? Or unaware how to respond and deal with legal authorities? Basically, may people feel powerless or helpless while dealing with actions of government.
Do you want to approach high court but confused about the legal process? By filing a writ petition in high court you can challenge the unlawful act which violates your legal rights.
What types of writ can be filed in High Court?
Under Article 226 of Indian Constitution the High Court is empowered to issue several types of writ to protect the fundamental rights of every citizen:
Habeas Corpus: The literal meaning is to “bring the body of”. This writ is issued when any person is illegally detained or imprisoned by public authority. The court compels the authority to bring that person before the court within prescribed time.
Mandamus: The literal meaning is “we command”. This writ is issued when government or public officials fail to perform their duty. The court orders the officials to perform their duty so that they do not neglect their responsibility.
Prohibition: The literal meaning is “to forbid”. This writ is issued by high court when any lower court takes action which beyond their legal power or jurisdiction, then high court orders the lower court to prevent such unlawful actions.
Certiorari: The literal meaning is to “be certified”. This writ is issued by high court when any lower court acts unlawfully, then high court is authorized to quash that decision of lower court or tribunal. It prevents the misuse of law and justice.
Quo Warranto: The literal meaning is to “by what authority or warrant”. This writ is issued by high court when any person holds a public office without legal authority, then High Court issues a writ of Quo Warranto to question their right to hold that office or position.
How to approach the High Court for filing writ petition?
Identify the Legal Violation: If you want to issue writ in high court, it must be establishing that your fundamental right is clearly violated by public authority or government.
Consult a Writ Lawyer: Hiring a lawyer is foremost step before taking any legal action. The lawyer will examine your facts of the case and verifies that your case is maintainable under Article 226, checks the jurisdiction of court and decide what writ is applicable to your case.
Drafting of the Writ Petition: The lawyer will draft a petition by considering all the facts and laws and supporting legal provisions. The relevant documents and affidavit should be annexed with petition to support your claim.
Filing Before the High Court Registry: Then the writ petition will be filed before registry of High Court having territorial jurisdiction. You have to also submit the prescribed court fees and vakalatnama.
Admission Hearing: The High Court will conduct a preliminary inquiry and examination. If the court is satisfied, it will admit the petition. The notice or summon is issued to the concerned public official of government authority.
Response by the Authorities: The high court gives right to respondent authority to respond to the writ petition by filing a reply or counter-affidavit justifying its action.
Final Hearing and Arguments: Legal arguments are presented by both the parties and High Court examines the records and constitutional provisions before deciding the matter.
Judgment or Directions by the Court: If High Court allows the petition, then it issue the directions to safeguard the right of petitioner’s.
What can be done if High Court rejects writ petition?
The High Court can quash or reject the writ petition in case if effective legal remedy is already available, it depicts that no fundamental rights is violated, or there is lack of jurisdiction.
If High Court rejects the writ petition, then you can:
File a Review Petition: You can file a Review petition before the same High Court within 30 days from the date of order to seek legal remedy.
File an appeal or Special Leave Petition (SLP): If no legal remedy is provided by High Court then you can escalate the matter to Supreme Court by filing SLP within 60 days from the date of judgement by High Court under Article 136 of Indian Constitution.
Filing of Fresh Writ Petition: The fresh writ petition is only filed in limited cases and it is maintainable only if the previous petition was rejected on technical grounds or if any new fact has raised.
What kind of order can the High Court pass in a Writ Petition?
The High Court issue the order or directions to safeguard the right of petitioner’s. These include:
Habeas Corpus: To release the illegally detained person or the bring the absconder before the court.
Mandamus: Direct the authority to perform their legal duty.
Prohibition: Prevent the lower court to not exceeds their jurisdictional power.
Certiorari: To quash the illegal decision or judgement made by lower court.
Quo Warranto: Questioning the unlawful possession by public officials.
The Court may also grant interim orders to prevent further harm while the petition is pending.
Can the High Court grant compensation for violation of rights?
The High Court can award compensation for violation of fundamental or legal right if there is negligence by the actions of public authority, like illegally detaining a person liberty, violation of employment rights or when action of state causes damage to the property of a person.
The amount of compensation is calculated on the basis of severity of violation and loss suffered by the citizens.
What happens if the respondent does not comply with the high court’s order of writ petition?
If respondent does not comply with the directions given by high court, it will be considered as contempt of court and the respondent can be held liable for the imprisonment for a term up to six months, or with a fine up to ₹2,000, or with both under section 12 of Contempt of Courts Act, 1971.
How Lead India can help you?
Strong Drafting: We prepare strong, authentic and well-structured writ petitions by stating clear facts, legal grounds, and reliefs.
Urgent Interim Relief: We assist in seeking stay orders or directions in urgency of matters.
Effective Court Representation: We appear and argue on your behalf before the High Court through experienced lawyers.
Appeals & Further Remedies: We will guide you with the law and procedure review petitions, SLPs, or fresh remedies in case when your writ petition is quashed.
FAQs
1. Who is eligible to file a writ petition in the High Court?
Any person whose legal or fundamental rights has been violated and affected by an action of government or a public authority has right to file a writ petition under Article 226 of the Constitution of India.
2. Is it mandatory to hire a lawyer for filing a writ petition?
By consulting and hiring an experienced lawyer is strongly recommended due to complex procedure of law and constitution, requirement in drafting, and legal arguments involved in hearing.
3. Can interim relief or stay be granted during writ proceedings?
The High Court may grant interim relief, such as a stay on action of government or protective directions, to prevent irreparable harm while the writ petition is pending.
4. Can multiple reliefs be claimed in a single writ petition?
Writ petition may seek multiple connected reliefs by providing that they arose from the same cause of action and fall within the writ jurisdiction of High Court’s.
5. Is a writ petition maintainable in service and employment matters?
Writ petition can be maintainable and file for service, employment, and disciplinary matters which involves government employees, and especially when principles of natural justice are violated.
