- (1.) This Miscellaneous Petition for leave to withdraw the main public interest litigation is filed under circumstances which can only be characterised as somewhat unfortunate. The main petition is brought to highlight the gross violations of the constitutional and statutory rights of a large number of children in the country who are suffering custodial restraints in various parts of the country and for the protection and enforcement of their rights. It might clear some possible misconceptions if it is clarified what this order is not about. The applicant is not, by the force of this order, denied the right or the opportunity of instituting any public interest litigation nor is the right of a public-minded citizen to bring an action for the enforcement of fundamental rights of a disabled segment of the citizenry disputed. The question agitated relates, on the contrary, to the aspect whether a public-minded person who brings such an action is entitled, as of right, to withdraw the proceedings from the court. Applicant asserts that this Court cannot refuse leave for withdrawal. The proceedings, it is contended, are the result of a "voluntary action of a citizen" and that, as a corollary, the proceedings cannot be continued except with applicant's participation. The applicant relies on what she calls "a citizen's right to be a petitioner-in-person in a public interest litigation". As stemming from this premise, applicant contends that not only that leave for withdrawal cannot be refused but also that the main petition cannot be continued by any other citizen or organisation.
(2.) No elaborate arguments are, indeed, necessary to decide a question such as this; but out of deference to the applicant's submission that the propositions she propounds in this behalf be considered by the court, we proceed to do so.
(3.) Applicant, on certain perceptions and assessments of her own, both as to the effectiveness and utility of the continuance of the proceedings as well as the manner of their conduct in and by this court, which according to her, has not been conducive either to their efficacy or to her participation therein with "dignity" seeks leave to withdraw the main petition itself. Figuratively, this is a 'walk-out' of the court. The prayer, if granted, would frustrate the important issues the main petition has served to highlight in the matter of the status and enforcement of the laws enacted for the protection and welfare of the children in the country. The proceedings espouse the cause of a large number of suffering children who, on account of the traditional inertia against reform, the bureaucratic and official apathy, insensitivity to and lack of human consideration for the lot of the suffering children and the lack of proper perceptions of the values and idealogy of the legislation concerning children even on the part of law enforcing agencies, are being denied the protection of their constitutional and statutory rights.;