Abuse of the Writ Doctrine

Abstract

This paper enumerates the various writs and discusses the abuse of writ doctrine.

Abuse of writ doctrine is a doctrine of criminal procedure. It states that a petition for a writ of habeas corpus may not raise claim that should have been, but were not asserted in previous petition.

Another doctrine is successive writ doctrine. It states that a second or supplemental petition for a writ of the habeas corpus may not raise claim that were heard and decided on the merits in a previous petition.

Keywords: use, abuse, misuse, non use, writ jurisdiction, direction, directive, Constitution of Pakistan, Code of Criminal Procedure , 1898

JEL Classification: K40