JUDGMENT

Venkatachaliah, J. - This Miscellaneous Petition for leave to withdraw the main public interest litigation is filed under circumstances which can only be characterised and 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 the 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