Writ Petition in High Court Bangladesh 2026: Article 102 Grounds, Cost & Procedure

Article 102(1) and 102(2) of the Bangladesh Constitution grant the High Court Division plenary judicial review powers over all administrative and quasi-judicial acts of the State. An aggrieved individual, organization, or corporate entity can petition the Court to declare any government order, gazette notification, or administrative decision as unconstitutional, arbitrary, or passed without lawful authority (ultra vires).

Depending on the nature of the grievance, the High Court issues specific constitutional remedies:

1. Writ of Mandamus: Issued to compel a public official, ministry, or statutory corporation to perform a mandatory statutory duty that they have refused or neglected to execute.
2. Writ of Certiorari: Issued to quash, annul, or set aside an unlawful order passed by an inferior court, tribunal, or government agency acting without jurisdiction.
3. Writ of Habeas Corpus: Directs law enforcement officers to produce an illegally detained citizen before the Court to examine the legality of detention.
4. Writ of Prohibition: Issued to prevent an inferior administrative tribunal from exceeding its lawful statutory jurisdiction.
5. Writ of Quo-Warranto: Challenges the lawful authority of a person holding an elective or appointed public office.

Before approaching the High Court for a Writ of Mandamus or Certiorari, the petitioner's advocate must serve a formal Demand for Justice Notice on the respondent government authorities giving them 7 to 15 days to redress the grievance.

Filing a writ petition without serving this preliminary demand notice will result in summary dismissal by the Motion Bench for lack of statutory cause of action.

A fundamental principle of constitutional law in Bangladesh is that writ jurisdiction cannot be invoked if an adequate, effective, and equally efficacious alternative remedy is provided by ordinary law.

For example, if a specific tax appeal statute or administrative tribunal exists, the petitioner must exhaust that statutory avenue first, unless they can demonstrate that the forum is non-functional, biased, or that fundamental constitutional rights are flagrantly violated.

The procedural roadmap for moving a writ petition involves:

1. Drafting on Legal Paper: Preparing the petition detailing facts, legal grounds, and prayers on Supreme Court ledger paper.
2. Affidavit Verification: Swearing the affidavit in person before the High Court Commissioner of Affidavits.
3. Filing and Numbering: Depositing the petition in the Writ Filing Section to obtain a formal Writ Petition (WP) number.
4. Listing on the Cause List: Enlisting the matter before the designated Division Bench dealing with writ matters.

At the Motion stage, the petitioner's Senior Advocate presents the prima facie merits of the case. If the Division Bench finds constitutional substance, it issues a Rule Nisi calling upon the government respondents to show cause why the impugned action should not be declared illegal.

Simultaneously, the Court often grants urgent interim relief, such as an interim Stay Order halting land acquisition or restraining the demolition of property.

Filing a writ petition in the High Court entails predictable expenditures:

• Statutory Court Fees & Stamps: High Court filing stamps, Vakalatnama stamps, and affidavit stamps usually total BDT 2,000 to BDT 4,000.
• Paper Book Printing: Supreme Court regulations mandate preparing multi-copy paper books for the two judges and the Attorney General's office, costing BDT 3,000 to BDT 6,000.
• Professional Advocate Fees: Depending on the complexity and high stakes involved (e.g., major commercial tenders, land requisitions, or fundamental rights violations), legal fees for drafting, bench listing, and advocacy typically range from BDT 40,000 to BDT 1,20,000+.

Any aggrieved person whose fundamental rights are violated, or who is adversely affected by an unlawful administrative act, can file a writ petition.

A Rule Nisi is an order asking the government to show cause why the petition should not be granted; an Interim Stay is an immediate order pausing the challenged government action until final hearing.

While interim stay orders are typically granted within days, the final hearing of a Rule Nisi generally takes between 6 months to 2 years depending on the Court's cause list.