Article 102 Writ jurisdiction of the High Court Division
Powers of High Court Division to issue certain orders and directions, etc.
Article 102 is the main tool for holding the state to account in Bangladesh. Citizens use it against unlawful detention and official abuse, and businesses use it against arbitrary licensing, tax and procurement decisions.
A citizen's licence is cancelled without a hearing, or a relative is held by the police without charge. The decision comes from a public authority, and ordinary remedies are either unavailable or would not be equally effective in the time available.
Through a lawyer, the person files a writ petition in the High Court Division, explaining the facts, the rights or laws breached and the order sought. Under the courts' approach to standing, a public-spirited person acting in good faith can also bring a case about a public wrong.
If the bench finds an arguable case, it issues a Rule Nisi, a show-cause order asking the authority why the relief should not be granted. It may also grant an interim order, such as a stay, although some interim orders need notice to the Attorney-General.
Both sides file affidavits and argue the case. The bench then makes the Rule absolute, granting relief such as quashing the decision or ordering release, or discharges it. The losing side can seek leave to appeal to the Appellate Division under Article 103.
In plain English
How Article 102 works
Article 102 lets anyone harmed by a public body ask the High Court Division for help. Under clause (1), a person whose fundamental rights are breached can seek orders against any person or authority. Under clause (2), where no other equally effective remedy exists, the Division can order an official to do or stop doing something, declare an unlawful act void, order a detained person to be produced in court, or ask someone holding public office to show by what authority they hold it. These are the classic writs. There are limits: the Division cannot interfere with laws protected by Article 47, and it must hear the Attorney-General before granting some interim orders.
In practice
Article 102 generates more constitutional litigation than any other provision. The writs of mandamus, prohibition, certiorari, habeas corpus and quo warranto are all found in its text. Since the Flood Action Plan case of 1996, the courts have read "person aggrieved" broadly, allowing public interest litigation on environmental, human rights and governance issues. Clause (3) shields laws listed under Article 47, and clause (4) requires notice to the Attorney-General before some interim orders. After 2024, writ petitions have been central to disputes over the political transition, including challenges to interim-government ordinances and their repeal, such as the April 2026 writ against repeal of the Supreme Court Secretariat ordinance.
The text
What Article 102 says
102. (1) The High Court Division on the application of any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution.
(2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law –
(a) on the application of any person aggrieved, make an order-
(i) directing a person performing any functions in connec-tion with the affairs of the Republic or of a local authority,
to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do ; or
(ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority, has been done or taken without lawful authority and is of no legal effect ; or
(b) on the application of any person, make an order-
(i) directing that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner ; or
(ii) requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that office.
...
(5) In this article, unless the context otherwise requires, “person” includes a statutory public authority and any court or tribunal, other than a court or tribunal established under a law relating to the defence services of Bangladesh or any disciplined force or a tribunal to which article 117 applies.
Key clauses shown. Omitted text is marked with an ellipsis; read the full text on the official site.
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
Appellate Division · 1996
Mohiuddin Farooque v Bangladesh (Flood Action Plan case)
49 DLR (AD) 1; 17 BLD (AD) 1
Gave "person aggrieved" a wide meaning, so that a citizen or organisation acting in good faith on a public wrong can bring a writ, opening the way for public interest litigation.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Fifteenth Amendment 2011Chapter I of Part VI (Articles 94 to 113) was substituted by section 31 of the Constitution (Fifteenth Amendment) Act, 2011, as noted on bdlaws.
Connected provisions
Related articles
Questions
Article 102: frequently asked questions
What is Article 102 of the Constitution of Bangladesh?
Article 102 gives the High Court Division power to issue directions and orders, commonly called writs, to enforce fundamental rights and to control unlawful action by public authorities. It covers orders to act or refrain, declarations that acts are void, habeas corpus for detained people and quo warranto challenges to public office holders.
Who can file a writ petition in Bangladesh?
For fundamental rights and most writs, a "person aggrieved" may apply. In the Flood Action Plan case the Appellate Division read that phrase widely, so a citizen or organisation acting in good faith on a public wrong can apply. For habeas corpus and quo warranto, any person may apply.
What is a Rule Nisi in a writ petition?
A Rule Nisi is the High Court Division's preliminary order asking the respondent authority to show cause why the relief sought should not be granted. After both sides are heard, the Rule is either made absolute, granting relief, or discharged, refusing it.
Sources
- Laws of Bangladesh: Constitution, Article 102 (bdlaws section page)
- ELAW: Farooque v Government of Bangladesh, CA 24 of 1995 (25 July 1996) (Flood Action Plan case)
- Jago News: Writ petition challenges repeal of SC Secretariat ordinance (20 April 2026)
- Asian Development Bank, Law and Policy Reflections: M Farooque v Government of Bangladesh, 17 BLD (AD) 1 (1997)
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
Constitutional and writ practice
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