Litigation in Nepal: Writ Jurisdiction

Introduction to Writ in Nepal

Writ is an order or command from a court or higher authority which directs to perform or abstain from performing a certain act(s). It is a legal order issued by the court to enforce or protect the rights of individuals. It is a powerful tool for individuals to challenge the actions of the government or any other public authority. A writ petition can be filed by any individual when his/her fundamental rights are infringed upon by the state or if there is no any effective alternative legal remedy to any person.

Types of Writs in Nepal

The writ jurisdiction is commonly known as extraordinary jurisdiction of the court. There are five types of writs which are guaranteed by the Constitution of Nepal to the public in case their fundamental rights are being violated.

The five types of writs mentioned below are issued in distinct circumstances:

Conditions for Issuance of Writ

• If no legal remedy is available under any law.
• If the available remedy under any law is inadequate or ineffective.
• If any illegal restriction is made against the fundamental right of the people.
• If any issue relating to public rights or interest requires constitutional or legal resolution.

Writ Jurisdiction in Nepal

How to File Writ Petition on behalf of Another Person

• According to the principle of locus standi, the person whose rights have been violated has the right to bring claim in the court to establish their violated right.
• In the case of habeas corpus and prosecution petitions, this principle of locus standi has an exception, family members can file an application.
• The court allows the petition from general public if the issue holds public interest.