Writs in Pakistani Criminal Law: A Limited Role


Writs in Pakistani Criminal Law: A Limited Role


Writs are not typically used in criminal cases in Pakistan. Writs are legal tools used to enforce fundamental rights enshrined in the Constitution against illegal actions by the state or its functionaries. In criminal cases, the focus is on proving guilt or innocence through a formal trial process.

However, there is one exception:

Habeas Corpus: 

This writ is a remedy available in criminal cases where someone is being detained illegally or unlawfully. It compels the authorities to produce the detained person before the court and justify the detention. The court will then decide whether the detention is lawful and order the person's release if it's found to be illegal.

For other criminal matters, the standard procedure involves filing a First Information Report (FIR) with the police, followed by investigation and trial.
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