94
cases the petitioner is not entitled to withdraw his
petition at his sweet will unless the court sees
reason to permit withdrawal. In granting permission
the court would be guided by the considerations of
public interest and would also ensure that it does
not result in abuse of process of the law.”
I fully
endorse the views and find no reason to depart from
the
same
principle,
because
in
publicly
important
cases the Supreme Court being the guardian of the
constitution after seizing the issue cannot remain a
silent spectator even after noticing that there was
violation of the constitution or the law. This Court
always keeps in mind that PIL is not a litigation of
an adversary character undertaken for the purpose of
holding the government or its officers responsible
for
making
reparation
but
it
is
a
dispute
which
involves a collaborative and co-operative effort on
the part of the State or its Officers, the lawyers
appearing in the case and the court for the purpose
of making human rights meaningful for the community
or protecting the independence of the judiciary.