Petition No 3128 of 1988
IN Writ Petition Criminal No 1451
of 1985
Under Article 32 of the Constitution of India Petitioner in person
PA Chaudhary SB Bhasme VC Mahajan Tapash Ray Swaraj Kausal Probir Choudhary K Ram Kumar K Ram Mohan KR Nambiar AS Bhasme CVS Rao Girish Chandra Kailash Vasdev JR Dass DK Sinha AV Rangam TV Ratna A Subba Rao Ranjan Mukherji DN Mukherjee RS Sodhi T Sharma M Veerappa AS Nambiar PK Manohar Mrs H Wahi Dalveer Bhandari Mahabir Singh PR Ramasesh AK Sanghi Ms Kamini Jaiswal DK Sinha JR Das Ms A Subhashini RB Misra SK Bhattarcharya Mrs Urmila Kapoor and Ms section Janani for the Respondents 
The Order of the Court was delivered by VENKATACHALIAHJ 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 PG NO 649 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
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
Applicant on certain perceptions and assessment 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 there in 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 high light 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
It is not necessary to go into all the averments in the present application
The board reasons on which the applicant has persuaded herself to make this somewhat extraordinary request are recognisable in three areas PG NO 650 The first is that this court has become dysfunctional in relation to and in the context of the gravity of the violations of the rights of children and the urgency of the requisite remedial steps and that though the proceedings were listed for final disposal in the month of November 1986 however owing to unjustified adjournments obtained by the respondents and owing further to the functional deficiencies of the procedure of this court the proceedings have not yet been finally disposed of
It is aso averred that the court has not been able to exact prompt complainance with its own orders and directions issued from time to time from the respondents
The second area is that the applicant is disabled from conductive proceedings with dignity as certain happenings in court had the effect of casting and tended to cast a slur on her integrity and dignity
The third this pertains to the claim that no body else can go on with this litigation is that the proceedings were initiated as a result of the voluntary action on the part of a citizen and that that citizen is entitled to withdraw them
The applicant claims that she as representing other conscientious citizens social workers and activists is duty bound to sustain the citizens right to be petitioners in person and that therefore the petition cannot be continued against the wishes and without the participation of the applicant
The applicant s stand on these points are put across according to the learned counsel for respondents in over assertive tone of great severity but of questionable propriety
But we should not allow to be influenced by this
The applicants references to the manner of conduct of the proceedings are certainly unflattering to the Court
But the concern of this Court for and its achievements in the field of public interest litigation are open to the public assessment and the assessments even of those immersed in an individual experience and where objectivity might episodically be clouded should also serve some purpose of introspection
Though the language employed in relation to the Court is not conspicuous for its moderation we may yet examine objectively the justifiability if any for such strong expressions of remonstrance
In regard to the first area applicant s grievance had better be set out from her own application  The petitioner submits that with such an over whelming confirmation and reconfirmation of the fact of imprisonment PG NO 651 of children by the State the GOI hundreds of DJs as also the reaffirmation of Hussainara Khatoon in one of the orders in this petition by this Court were sound grounds for delivering final judgment in this case in November 1986 The then Chief justice of India who was presiding Judge of the Bench   fixed9l2l986 as the date for delivering final judgment and 2121986 for confirming that date The petitioner states that she obeyed the Court s order and arranged the Court s hundreds of files
But the CJ absented himself from the Court for 3 days to attend an International Judges  meet he had initiated and convened The petitioner states that on 13121986 an hour and half after opening of the Court the then Cj informed the petitioner that he would not be in Court that afternoon hence there can be no final hearing as scheduled
The petitioner understands that the CJ had to inaugurate some chambers and the date had been fixed in advance
 The grievance is that the final disposal of the main petition was not expeditiously done
In a public interest litigation unlike traditional dispute resolution mechanism
there is no determination or adjudication of individual rights
While in the ordinary conventional adjudications the party structure is merely bi polar and the controversy pertains to the determination of the legal consequences of past events and the remedy is essentially linked to and limited by the logic of the array of the parties in a public interest action the proceedings cut across and transcend these traditional forms and inhibitions
The compulsions for the judicial innovation of the technique of a public interest action is the constitutional promise of a social and economic transformation to usher in an egalitarian social order and a welfare State
Effective solutions to the problems peculiar to this transformation are not available in the traditional judicial system
The proceedings in a public interest litigation are therefore intended to vindicate and effectuate the public interest by prevention of violation of the rights constitutional or statutory of sizeable segments of the society which owing to poverty ignorance social and economic disadvantages cannot themselves assert and quite often not even aware of those rights
The technique of public interest litigation serves to provide an effective remedy to enforce these group rights and PG NO 652 interests
In order that these public causes are brought before the Courts the procedural techniques judicially innovated specially for the of public interest action recognises the concomitant need to lower the Locus standi thresholds so as to enable public minded citizens or social action groups to act as conduits between these classes of persons of inherence and the forum for the assertion and enforcement of their rights
The dispute is not comparable to one between private parties with the result there is no recognition of the status of a Dominus Litis for any individual or group of individuals to determine the course or destination of the proceedings except to the extent recognised and permitted by the Court
The rights of  those who bring the action on behalf of the others must necessarily by subordinate to the interests of those for whose benefit the action is brought
The grievance in a public interest action generally speaking is about the content and conduct of governmental action in relation to the constitutional or statutory rights of segments of society and in certain circumstances the conduct of governmental policies
Necessarily both the party structure and the matters in controversy are sprawling and amorphous to be defined and adjusted or re adjusted as the case may be ad hoc according as the exigencies of the emerging situations
The proceedings do not partake of pre determined private law litigation models but are exogeneously determined by variations of the theme
Again the relief to be granted looks to the future and is generally corrective rather than compensatory which sometimes it also is
The pattern of relief need not necessarily be derived logically from the rights asserted or found
More importantly the court is not merely a passive disinterested umpire or onlooker but has a more dynamic and positive role with the responsibility for the organisation of the proceedings moulding of the relief and this is important also supervising the implementation thereof
The Court is entitled to and often does seek the assistance of expert panels Commissioners Advisory committees Amici etc
This wide range of the responsibilities necessarily implies correspondingly higher measure of control over the parties the subject matter and the procedure
Indeed as the relief is positive and implies affirmative action the decision are not one shot determinations but have on going implications
Remedy is both imposed negotiated or quasi negotiated
Therefore what corresponds to the stage of final disposal in an ordinary litigation is only a stage in the proceedings
There is no formal declared termination of the proceedings
The lowering of locus standi threshold does PG NO 653 not involve the recognition or creation of any vested rights on the part of those who initiate the proceedings analogus to Dominus Litis
The theme implicit in the applicants hyper articulated grievance is that this Court has not shown adequate concern for justice in this case
Is this justified The record of the proceedings show that even by November 1986 directions of far reaching effect had been issued and very significant exercises had been initiated
The grievance in the ultimate analysis is really in the area of non compliance by the several States and its authorities with the orders and directions issued by the Court from time to time in the proceedings
In order to appreciate the position perhaps it would be relevant to refer to the prayers made in the main petition and the orders passed from time to time even prior to a month of November 1986
The prayer in the main petition was that this Court should pass order directing the Respondent States a to release all children detained in the jails in the respondent States b to furnish complete information respecting all children detained in the States and the circumstances and the legal facts of such detention and the number of available juvenile courts and children homes  c to appoint district judges of the district to visit jails sub jails and lock ups to identify and release children in such illegal detention  d to requisition immediately necessary buildings and provide infrastructure and make immediate interim arrangements for places of housing of children facing trial before juvenile courts
The petition also seeks directions to the respective states Legal Aid Boards District legal Aid Committees through the appointment of duty counsel  to ensure protection of the rights of the children etc
In regard to most of the areas covered by these prayers orders were made from time to time by this Court
The Court s orders dated 154
1986 1271986 1381986 21111986 show that certain important and far reaching actions were initiated and appropriate directions were issued to the States and authorities concerned
The following are some of the excerpts of the orders made by this Court This Writ Petition discloses a disturbing state of affairs with regard to children below the age of 15 years in jail
It is an elementary requirement of any civilised society and it has been so provided in various statutes concerning children that children should not be confined in PG NO 654 jail because incarceration in jail has a dehumanising effect and it is harmful to the growth and development of children  
We would therefore direct the District Judges in the country to nominate the Chief Judicial Magistrate or any other judicial magistrate to visit the District Jail and sub Jail in his District for the purpose of ascertaining how many children below the age of 16 years are confined in jail what are the offences in respect of which they are charged how many of them have been in detention Whether in the same jail or previously in any other jail before being brought to the jail in question whether they have been produced before the children s court and if so when and how many times and whether any legal assistance is provided to them
Each district 3judge will give utmost priority to this direction    
We would also direct the State Legal Aid  Advise Board in each State or any other Legal Aid Organisation existing in the State concerned to send two lawyers to each jail within the State once in a week for the purpose of providing legal assistance to children below the age of 16 years who are confined in jails
If there are any other persons confined in jails who are there merely because they are suffering from some handicap physical or otherwise they should be released immediately and placed in appropriate home or place where they can receive suitable medical assistance or other educational training   Vide order dated 154
1986 Meanwhile there are a few matters which need our urgent directions
It seems that there are a number of children who are mentally or physically handicapped and there are also children who are abandoned or destitute and who have no one of take care of them
They are lodged in various jails in different states    
The State Governments must take care of this mentally or physically handicapped children and remove them PG NO 655 to a Home where they can be properly looked after and so far as the mentally handicapped children are concerned they can be given proper medical treatment and physically handicapped children may be given not only medical treatment but also vocational training to enable them to earn their livelihood
Those children who are abandoned or lost and are presently kept in jails must also be removed by the State Governments to appropriate places where they can be looked after and rehabilitated    
We would also ask the Director General All India Radio and the Director General Dordarshan to give publicity requesting non governmental social service organisations to offer their services for the purpose of accepting these children with a view to taking care of them and providing for their rehabilitation in accordance with a hand out to be sent by the Registrar of this Court There are two girls in the Julpaiguri District Jail who have been kept in that jail in safe custody One of them is Parbati Dass aged 8 who has been detained in jail since 12 11
84 and the other is Sabita Sah aged 10 who has been detained in jail since 20885    
We would accordingly direct that Parbati Dass and Sabita Shah should be transferred immediately to the Home in Raiketpara as recommended by the District Judge jalpaiguri  Vide order dated 127
1986 This Court directed the District Judges in the country to nominate the Chief Judicial Magistrate or any other Judicial Magistrate to visit the District Jail and Sub Jail in their districts for the purpose of ascertaining how many children below the age of 16 years are confined in jail what are the offences in respect of which they are charged how many of them have been in detention whether in the same jail or previously in any other jail before being brought to the jail in question whether they have been produced before the children s court and if so when and how many times and whether any legal assistance is provided to them
The Court also directed that each District Judge PG NO 656 will give utmost priority to this direction and the Superintendent of each jail in the district will provide full assistance to the District judge or the Chief Judicial Magistrate or the judicial magistrate in this behalf who will be entitled to inspect the registers of the jail visited by him as also any other documentdocuments which he may want to inspect and will also interview the children if he finds it necessary to do so for the purpose of gathering the correct information in case of any doubt
The District Judge Chief Judicial Magistrate or the Judicial Magistrate as the case may be will submit report to this court within 10 weeks from today         Six further weeks have passed beyond the time indicated in the order dated April 15 1986 and even till this day analysis shows that several District Judges have not complied with the direction
This Court had intended that the reports of the District Judges would be sent to the Registry of this Court though the Registrars of the respective High Courts
This obviously meant that the Registrars of the High Courts were to ensure compliance
We are both concerned and surprised that a direction given by the apex Court has not been properly carried out by the District Judges who are an effective instrumentality in the hierarchy of the judicial system
Failure to submit the reports within the time set by the Court has required adjournment of the hearing of the writ petition on more than one occasion
We are equally surprised that the High Courts have remained aloof and indifferent and have never endeavored to ensure submission of the reports by the District Judges within the time indicated in the order of this Court
We direct that every defaulting District Judge who has not yet submitted his report shall unfailingly comply with the direction and furnish the report by August 31 1986 through his High Court and the Registrar of every High Court shall ensure that compliance with the present direction is made
 PG NO 657  
We are of the view that the petitioner should have access to information and should be permitted to visit jails children s homes remand homes observation homes borstal schools and all institutions connected with housing of delinquent or destitute children
We would like to point out that this is not an adversary litigation and the petitioner need not be looked upon as an adversary
She has in fact volunteered to do what the State should have done
We expect that each State would extend to her every assistance she needs during visit as aforesaid
We direct that the Union Government respondent No 1 shall deposit a sum of rupees ten thousand for the time being within two weeks in the Registry of this Court which the petitioner can withdraw to meet her expenses
We would like to make it clear that the information which the petitioner collects by visiting the children s institutions in different States as indicated above is intended to be placed before this Court and utilised in this case and not intended for publication otherwise  Vide order dated 5th August 1986 If a child is a national asset it is the duty of the State to look after the child with a view to ensuring full development of its personality
That is why all statutes dealing with children provide that a child shall not be kept in jail
Even apart from this statutory prescription it is elementary that a jail is hardly a place where a child should be kept
There can be no doubt that incarceration in jail would have the effect of drawing the development of the child exposing him to beneful influences coarsening his conscience and alienating him from the society
It is a matter of regret that despite statutory provisions and frequent exhortations by social scientists there are still a large number of children in different jails in the country as is now evident from the reports of the survey made by the District Judges pursuant to our order dated 15th April 1986l
Even where children are accused of offences they must not be kept in Jails
It is no answer or the part of the State to say that it has lot got enough number of remand homes or observation homes or other places where children can be kept and that is why they are lodged in jails
It is also no answer on the part of the State to urge that the PG NO 658 ward in the jail where the children are kept is separate from the ward in which the other prisoners are detained
It is the atmosphere of the jail which has a highly injurious effect on the mind of the child estranging him from the society and breeding in him aversion bordering on hatred against a system which keeps him in jail
We would therefore like once again to impress upon the State Governments that they must set up necessary remand homes and observation homes where children accused of an offence can be lodged pending investigation and trial
On no account should the children be kept in jail and if a State Government has not got sufficient accommodation in its remand homes or observation homes the children should be released on bail instead of being subjected to incarceration in jail          
It is absolutely essential and this is something which we wish to impress upon the State Governments with all the earnestness at our command that they must set up Juvenile Courts one in each districts and there must be a special cadre of Magistrates who must be suitably trained for dealing with cases against children
They may also do other criminal work if the work of the Juvenile Court is not sufficient to engage them fully but they must have proper and adequate training for dealing with cases against juveniles because these cases require a different type of procedure and qualitatively a different kind of approach  We would also direct that where a complaint is filed or first information report is lodged against a child below the age of 16 years for an offence punishable with imprisonment of not more than 7 years the investigation shall be completed within a period of three months from the date of filing of the complaint or lodging of the First Information Report and if the investigation is not completed within this time the case against the child must be treated as closed 
If within three months the chargesheet is filed against the child in case of an offence punishable with imprisonment of not more than 7 years the case must be tried and disposed of within a further period of 6 months at the PG NO 659 outside and this period should be inclusive of the time taken up in committal proceedings if any   
We would direct every State Government to give effect to this principle or norm laid down by us in so far as any future cases are concerned but so far as concerns pending cases relating to offences punishable with imprisonment of not more than 7 years we would direct every State Government to complete the investigation within a period of 3 months from today if the investigation has not already resulted in filing of chargesheet and if a charge sheet has been filed the trial shall be completed within a period of 6 months from today and if it is not the prosecution shall be quashed Vide order dated 13th August 1986 In regard to Sub Jails no reports have been received in respect of such jails of 14 districts of Maharashtra
Though this matter was listed on 14
111986 for final disposal an adjournment became imperative in view of the failure of compliance with the directions in the manner indicated above and the matter is adjourned till 2 12 1986
We direct the Registrars of the High Courts of the States in which the districts indicated above are located to ensure compliance with the previous directions by 3011
We hope and trust that special care will be taken to ensure compliance and this Court will not be forced to take any stringent action  Vide order dated 21st Nov 1986 9
It is true that with the active and willing co operation of the respective States the progress made in the proceedings would have been far more substantial
It is also true that several of the States and the authorities have not prima facie realised the seriousness and the magnitude of the problem
Some states pleaded financial constraints in implementing the directions
The detention and mal treatment of children in violation of the law is far too serious a matter to be looked at with any complacence and unfortunately a stage has now been reached where this Court cannot be content with the PG NO 660 expectation of compliance with its orders in these proceedings but would have to go further and exact it
The States have to be more honest about their obligations to the delinquent children
Children misbehave because perhaps the society and the elders have may be behaved worse
Society is becoming increasingly in hospitable to its weak
By ignoring the non custodial alternatives prescribed by law and exposing the delinquent child to the trauma of custodial cruelty the state and the society run the serious risk of losing the child to the criminal clan
This is no more a matter of concession to the child but its constitutional and statutory right
Even so unduly harsh and coercive measures against the states and the authorities might themselves become counter productive
In the matter of affirmative action the willing cooperation of the authorities must as far as possible be explored
If the proceedings are allowed to be diverted at every stage into punitive proceedings for non compliance the main concern and purpose of the proceedings might tend to be over shadowed by its incidental ramifications
The coercive action would of course have to be initiated if persuasion fails
We are dealing with a large number of states and authorities
There are 32 respondents 429 districts in which reports of the District Judges have been called for and nearly 400 of them have submitted their reports
There are innumerable jails sub jails remand homes custodial institutions etc
This court issued notice to the Home Secretaries of the States to file their reply by 15 7 1988 Finally
The applicant has complained that the non participation of counset has assumed focal importance to the case and has also aired a grievance about the Court s overwhelming use of discretionary powers to accommodate every one except the petitioner
The point to note is that learned counsel for the respondent States and the applicant arc not in the same position
The former were accountable to the Court to report compliance by their respective client States with the directions issued by the Court
Learned counsel appeared to have sought extensions of time
Their request might or might not have been made with perfect justifications
Grant of their request does not to amount discriminatory treatment meted out to the applicant who was not in any such position representing any party who was required to report compliance with the Court s directions
The two are not comparable positions
Indeed
in January 1988 the case appears to have been adjourned for about six weeks on grounds of ill health of the applicant herself
While we understand the concern of the applicant in regard to the delays occasioned we are unable to appreciate PG NO 661 the unconcealed cynical scorn the applicant has permitted to exhibit towards the process of this Court
Instead of sustaining and strengthening the process of this Court in what is clearly a sensitive and difficult task of some importance and magnitude the applicant has chosen to give herself the role of a self appointed invigilator and has made a generous use of that position by her barbed quips and trenchant comments against the court
By this we think she has done no service either to herself or to the cause she sought to serve
Scornful impatience can also wreck a mission
The attitudes of the applicant is perhaps conditioned and influenced by her own perceptions of what she considers to be the real and larger issues apart from the immediate problems of the case involved in the proceedings
Applicant says  
Therefore it is important to establish principles of accountability of the GOI the States and the Judiciary  In the last analysis both the dignity of the Court the honour of the institution of judiciary and the effectiveness of judicial process are at stake
 We are afraid the references to judicial accountability having regard to the specific context in which they are made in the contextreally mean no more than that the proceedings are to be conducted in conformity with the standards of promptitude and dispatch of which the applicant chooses to constitute herself the judge to sit in judgment over the alleged short comings in that behalf
The concept of public accountability of the judicial system is indeed a matter of vital public concern for debate and evaluation at a different plane
All social and political institutions are under massive challenges are pressures of reassessment of their relevance and utility
Judicial institutions are no exception
The justification for all public institutions are related to and limited by their social relevance professional competence and ability to promote the common weal
There is no denying that a debate is necessary and perhaps is overdue
But for that reason courts of law in their actual day to day judicial work cannot allow the incantations and professions of these principles to enable parties to judicial adjudications to constitute themselves the overseers of the judicial performance and accountabil ity in the individual case in which they are immediately concerned and permit themselves comments and criticism of the PG NO 662 judicial work in the particular case
The application and its annexures are replete with statements intended to demostrate the inefficacy of the proceedings before this Court disclosing a cynical distrust of its utility and effec tiveness
Indeed while comments and criticisms of judicial functioning on matters of principle are healthy aids for introspection and improvement the criticism of the functioning of the Court in the course of and in relation to a particular proceeding by the parties to it borders on a conduct intended or tending to impair the dignityauthority and the functional disposition of the court
The attitude we call respect for law says a learned authoris a complex one
It may consist for example in the belief that the law is democratic and fair and that it contributes to social progress or that it protects individual rights
They may include pride that the law of one s country is by and Iarge enlightened and progressive satisfac tion that one lives under the protection of an adequate legal systemrespect or even admiration for institutions or persons involved in creating or administering the law and for symbols of the law 
 251
It istherefore thought important to maintain respect and dignity of the Courts and its officers whose task is to uphold and enforce the law because without such respect public faith in the administration of justice would be undermined and the law itself would fall into dis respect
What excites general dissatisfaction with the judicial determi nations of the Court also indisposes the minds of litigants to obey them shaking men s allegiance to law
Laws are not made by Legislatures alonebut by the law abiding as well the Statute ceases to embody a law except in a formal sense in the degree that it is widely dis regarded
This is not to deny the broader right to criticise the systemic inadequacies in the larger public interest
It is the privileged right of the Indian citizen to believe what he considers to be true and to speak out his mind though not perhaps always with the best of tastes and speak perhaps with greater courage than care for exactitude
Judiciary is not exempt from such criticism
Judicial institution areand should be made of stronger stuff intended to endure and thrive even in such hardy climate
But we find no justification to the resort to this freedom and privilege to criticise the proceedings during their pendency by persons who are parties and participants therein
The first ground therefore does not justify the withdrawal of this public interest litigation
If we PG NO 663 acknowledge any such status of a Dominus Litis to a person who brings a public interest litigation we will render the proceedings in public interest litigations vulnerable to and susceptible of a new dimension which might in conceivable casesbe used by person for personal ends resulting in prejudice to the public weal
13 The second ground for withdrawal is no better
The ground is that the applicant in view of what transpired in the two immediately preceding dates of hearing of the case is unable to prosecute the proceedings with dignity and that therefore the applicant is entitled to withdraw the proceedings
There is and can be no dis agreement with the principles that even the humblest citizen of the land irrespective of his station in life is entitled to present his case with dignity and is entitled to be heard with courtesy and sympathy
Courts are meant for and are sustained by the people and no litigant can be allowed to be looked upon as a supplicant or an importuner
It is unfortunate that the applicant claims that there was any shortcom ing in this behalf in her case
We regret that there should at all have been any occasion for this
Let us see whether there is any real justifi cation for this
At one of the hearings of the case the Court had occasion to point out to the applicant who was not present in Court at the com mencement of the hearing and who sought to interrupt the submissions of Shri Bhasme learned Senior Counsel who was on his legs that she having been absent at the commencement of the proceedings could not interrupt the proceedings
It is the practice of courts that when parties in person or even learned counsel who were not initially present but seek to participate in the proceedings a formal submission is made to the court in that behalf
This is nothing more than a matter of courtesy and decorum
As the applicant straight away sought to interrupt the learned counsel who was on his legs she was told of the impropriety
Her re action to this as set out in the application is this The petitioner states that she arrived in Court just 40 seconds after her case was called
 The petitioner states that Mr Bhasme Counsel for Maharashtra had just started his argument that as the counsel for Maharashtra he found himself with papers of Himachal Pradesh
He said that in the absence of correct documents not being available to him and the Home Secretary they be allowed an adjournment of 12 weeks
PG NO 664 The petitioner states and submits that she had a right to reply to Mr Bhasme s outlandish argument
The petitioner states and submits that she come to the Court as a responsible citizen at her personal cost
She is not a paid professional  The question was not of the right of the applicant to make such submissions as she considers appropriate but one of the manner of its exercise
But the applicant does not seem to appreciate this
Indeed she did exercise her right and made a strong criticism of Sri Bhasme s submissions
The court also had occasion to point out to the applicant the impropriety of addressing communications to Judges by postal letters in regard to the pending cases or on matters bearing on them
The re action of the applicant which has been set out in strong assertions is again that she is entitled to address such communications and in para 7b of her written submissions relies on the position inter alia that letters to the Courts have been the basis of many public interest litiga tions that applicant was not a private litigant and got no benefit from the letters she wrote that Judges were themselves inviting the citizens to write to the Court etc
What this argument over looks is that the initiation of a public interest litigation or proceedings for issue of a writ of Habeas Corpus on the basis of letters reflects and symbolises the Court s anxiety to relax the rigour of formal pleadings
However In proceedings which are already initiated and are pending it would be inappropriate for a party to the proceedings to address latters directly to the Judges
What is sought to be brought to the notice of the Court should as far as possible be filed in the Registry for being placed before the appropriate bench or submitted in the open court
There might be extra ordinary circumstances when a party is compelled to resort to the expedience of a letter or a telegram Even in such a case it would be appropriate to address them to the Registry to be placed before the appropriate bench
The difficulties arising out of such direct communications are too obvious to require any elaborate dis cussion
The opposite parties would not have had the benefit of the information contained in the communication
Sometimes even the other judges on the Bench would not know
The authenticity and even the delivery of the communication may be disputed
It is only proper that Judges who have to decide the case should not be drawn into such controversies
That apart the office would not be able PG NO 665 to check the papers and process them for appropriate judicial notice
Judicial tradition considers for good reason such practice undesirable
Applicanthowever has and is entitled to her own views in the matter
We regret our inability to accept them
Another instance referred to by the applicant as impairing her dignity  arose in the context of the court pointing out to the applicant the impropriety of her resorting to the press to air her grievances against the proceedings in court and of making what the Court con sidered a factually inaccurate statement
Indeed on the subsequent date of hearing the Court had pointed out to the applicant of her misunderstanding of what she stated to the press and that the warning which the applicant thought was administered to her and made a public complaint about was not directed towards her but was attributed by her erroneously to herself
This clarification should have been sufficient
But the clarification of the Court apparently did not re assure her
Referring to it she says  On 27O888 the Court explained that the warning  we will put you on the dock if you utter another word was addressed to the counsel for Maharashtra while I was warned that I was in contempt of Court for writing a letter to the Court
Well as I perceived it them both the threats were held out to me because I was on my legs at that time
Frankly we are unable to unravel the purpose of this pre disposition to and determination on her part to misunderstand
We shall leave it at that
Applicant has her own notions of the relationship between the Court and the parties
She asserts   
While the litigants have entitlements the Court has decision making powers
However the Court s special powers do not make it more equal nor do they make the Court the fountain head of justice
The citizen petitioner coming to court on behalf of fellow citizens whose rights art violated by the State is certainly an equal participant and not a subsidiary of the institution    
Institutions are made by the conduct and the quality of work and output of the persons who man it
My PG NO 666 application No 312888 records the conduct of person who man it
This record is not a slur on the institution of the judiciary but a citique of a dysfunctional institution
 It is true that the parties who seek justice at the hands of the Court are neither its subordinates or subsidiaries
But the notion of an equal participation in its practical applications presents difficulties and can not be stretched to the point where the court could share the responsi bility and the powers that go with it Of regulating the proceedings of the court with any of the parties before it
In the existing system the parties who seek recourse to courts have to submit themselves to the jurisdiction and discipline of the Court
Their conduct in relation to the proceedings is liable to be regulated by the Court
This is not a matter of expression or assertion of any superiority but is merely a necessity and a functional imperative
The second ground on which withdrawal is sought is therefore wholly insubstantial and proceeds on what appear to be certain subjec tive susceptibilities of the applicant which to the extent they are irreconcilable with the discipline of the Court cannot be countenanced
The third ground is that the proceedings are brought as a voluntary action and that applicant is entitled to sustain her right to be the petitioner in person in a public interest litigation and that the proceedings cannot be proceeded with after de linking her from the proceedings
This again proceeds on certain fallacies as to the rights of a person who brings a public interest litigation
Any reconnection of any such vested right in the persons who initiate such proceedings is to introduce a new and potentially harmful element in the judicial administration of this form of public law remedy
That apartwhat is implicit in the assertion of the applicant is the appropriation to herself of the right and wisdom to determine the course the proceedings are to or should take and its pattern
This cannot be recognised
In the pre sent proceedings the Court has already gone through and has initiated an elaborate exercise as indicated in the orders excerpted earlier
The petition cannot be permitted to be abandoned at this stage
Only a private litigant can abandon his claims
Though the main prayer is one for the withdrawal of the petition in the written submissions however the applicant seems to strike a different note and seeks to participate in the proceeding subject to certain conditions
No litigant PG NO 667 can be permitted to stipulate conditions with the Court for the continuance of his or her participation
There is thus no substance in any of the grounds
Now at the end of the day the order that commends itself as appropriate having regard to all in the circumstances of the case is to refuse permission for the withdrawal of the petition and to direct that the applicant be deleted from that array of parties in this proceeding
The proceedings shall now be proceeded with a direction to the Supreme Court Legal Aid Committee to prosecute the petition together with the aid and assistance of such persons or agencies as the Court may permit or direct from time to time
The other prayer in the application is for modification of the order dated 581986 and 1381486 forbidding the applicant from using the information collected by her during her visits to jails and other custodial institutions pursuant to the Court s order in 1 86
This permission cannot be granted during the pendency of the proceedings as the information was gathered for purposes of the case and pursuant to the directions of this Court
In the result the Criminal Miscellaneous Petition is dismissed but the name of the Supreme Court Legal Aid Committee shall be substituted in place of that of the applicant
There will be no order as to costs
M L A Petition dismissed


Summary:
The Commissioner of Police Hyderabad and Secunderabad in exercise of his powers under Section 211 of the Hyderabad City Police Act issued a Notification dated July 81986 directing that in order to ensure adequate safety of two wheeler riders wearing of protective helmets is made compulsory for riders of motor cycles and scooters as envisaged by rule 498 A of the Andhra Pradesh Motor Vehicles Rules 1964 with effect from August 11986
The petitioner a student having a permanent driving licence for a two wheeler vehicle filed a writ petition in the High Court challenging the validity of the aforesaid Notification as also rule 499 A of the Andhra Pradesh Motor Vehicles Rules l964 on the ground that the same was violative of the fundamental rights guaranteed to the petitioner under Article 131d and Article 21 of the Constitution
It was contended by the petitioner that as Section 85A of the was yet to be enforced rule 498 A was illegaI and ultra vires the Motor PG NO 632 PG NO 633 Vehicles Act 1939
It was further contended that the wearing of helmets preventing the free flow of breeze to the head result in giddiness and affect sight and hearing
The petitioner also filed an affidavit of one Dr Prabhakar Korada to support the contention that continuous wearing of helmets can raise the pressure leading to irritation confusion headaches giddiness and falling of hair etc
The High Court overruled the contentions of the petitioner and upheld the validity of the notification and the provisions of rule 498 A of the AP Motor Vehicles Rules
The High Court also relied upon the medical opinions of some Neuro Surgeons of repute and came to the finding that wearing of helmets would not cause any ailment whatsoever as contended by the petitioner
The writ petition was accordingly dismissed
The petitioner appealed to this Court by Special Leave
It was contended on his behalf that in view of the cancellation of the notification dated May 14 1988 Section 85 A had not come into force and as such there was no provision in the providing for wearing of protective headgear or helmet by the driver of a motor cycle of any class while driving the same
It was also submitted that in the absence of any specific provision in the Act rule 498 A was ultra vires the Act itself and consequently the notification issued under Section 211 of the Hyderabad City Police Act was illegal and should he struck down
As there was some doubt whether Section 85 A had come into force by virtue of the notification dated May l4 I988 and whether the Central Government had the power to cancel the said notification by their subsequent notification dated October 31 l980
the Court issued notice to the Attorney General of India who appeared and relying on the decision in Om Prakash and Others vs Union of India and Others AIR l97l SC 771 submitted that even assuming that rule 498 A does not come within the purview of clause i of sub section 2 of section 91 still the State Government could frame such a rule under sub section 1 of section 91 and that the clauses under sub section 2 of section 91 are only illustrative and not exhaustive
Dismissing the special leave petition HELD 1
Rule 498 A has been framed by the State Government by virtue of its rule making power under clause i of sub section 2 of section 19 of the purpose of protecting the head from being injured in case of an accidentl638E PG NO 634 2
It is common knowledge that head of the driver of a two wheeler vehicle is the main target of an accident and often it is fatal to the driver
By insisting on the wearing of a helmet by the driver driving a two wheeler vehicle rule 498 A intends to protect the head from being totally injured in the case of an accident
Clause i is wide enough to include the driver of a motor cycle or a scooter
The expression any personin clause i also includes within it a driver of a two wheeler vehicle
638E F 3
Clause i is also intended for the prevention of danger injury or annoyance to the public or any person including the driver of a two wheeler vehicle
638G 4
Rule 498 A is therefore quite legal and valid in spite of the absence of any provision like section 85 A 638H 5
There can be no doubt that rule 498 A is framed for the benefit welfare and the safe journey by a person in a two wheeler vehicle
It aims at prevention of any accident being fatal to the driver of a two wheeler vehicle causing annoyance to the public and obstruction to the free flow of traffic for the time being639G 6
Even assuming that rule 498 A is not clause i of sub section 2 it is quite immaterial inasmuch as such a rule can be framed in exercise of the general power under sub section 1 for the purpose of carrying into effect Chapter V1 relating to control of traffic
639D 7
There is hardly any fundamental right against any act aimed at doing some public good
640A 8
Even assuming that rule 498 A has put a restriction on the exercise of a fundamental right under Article 19 1b such restriction being in the interest of the general public is a reasonable restriction protected by Article 195 of the Constitution
64OB 9
As rule 498 A has been framed in accordance with procedure established by law that is in exercise of the ulre making power conferred on the State Government under Section 19 of the  the question of infringement of Article 21 of the Constitution does not arise 640B PG NO 635 10
Rule 498 A helps the driver or a two wheeler to drive the vehicle in exercise of his freedom of movement without being subjected to a constant apprehension of a fatal head injury if any accident takes place639H