Under Article 199 of the Constitution of Pakistan 1973, a High Court can issue a writ of prohibition to a person or authority within its territorial jurisdiction under specific circumstances. The grounds for granting a writ of prohibition are primarily:
1. Absence of Jurisdiction: This occurs when the person or authority is acting without any legal authority or exceeding their legal powers. For example, if a tribunal tries a case it has no jurisdiction over, a writ of prohibition may be issued to stop the proceedings.
2. Excess of Jurisdiction: This happens when the person or authority acts within their jurisdiction but exceeds their legal powers within it. For example, if a court sentences someone beyond the maximum allowed for the offense, a writ of prohibition may be issued to stop the execution of the sentence.
3. Violation of Fundamental Rights: If the person or authority's actions infringe upon the fundamental rights guaranteed in the Constitution, such as the right to fair trial or due process, a writ of prohibition may be issued to prevent further violation.
4. Error of Law: This occurs when the person or authority makes a serious legal mistake in their decision-making, such as misinterpreting a law or applying the wrong law to the case. In such cases, a writ of prohibition may be issued to prevent the enforcement of the erroneous decision.
5. Violation of Natural Justice: If the person or authority fails to follow the principles of natural justice, such as denying a party the right to be heard or a fair opportunity to present their case, a writ of prohibition may be issued to stay the proceedings until these principles are met.
Additional Points:
- The writ of prohibition is considered an extraordinary remedy, meaning it is only granted in exceptional circumstances where no other adequate legal remedy exists.
- The petitioner seeking the writ must have an "aggrieved person" status, meaning their rights or interests are directly affected by the actions they want to stop.
- The High Court has the discretion to decide whether or not to grant the writ based on the specific facts and circumstances of each case.
It's important to note that this is not an exhaustive list, and the specific grounds for granting a writ of prohibition can vary depending on the case and the interpretation of the law by the High Court. It is always recommended to consult with a qualified legal professional for specific advice on the grounds of a writ of prohibition and its applicability to your situation.
