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Judgment
Mr. A.R. Lakshmanan, J.—The prayer in the writ petition is to issue a writ of mandamus directing the 1st respondent to hand over the entire
administration of the 2nd respondent to the Supreme Court of India in the interest of justice. This writ petition has been filed as a Public Interest
Litigation. The petitioner claims that the present writ petition has been filed in the interest of public.
It passes my comprehension as to how a writ petition with the above prayer is maintainable. Merely because the Supreme Court issued certain
directions in a particular case to the Central Bureau of Investigation to perform its duties, it does not mean that the said investigating agency should
be handed over to the Supreme Court under the scheme of the Constitution. Judiciary is entrusted with the duty of administration of justice. It is for
the executive to exercise control over the various departments to implement the policies and decisions of the Government. Therefore, the petitioner
cannot ask the 1st respondent to hand over the administration of the 2nd respondent to the Apex Court. Such a prayer besides being totally
misconceived, would run counter to the basic principles of the Constitution of India.
The prayer of the petitioner is untenable. The petitioner has misconceived his remedy. Therefore, the writ petition is dismissed.
Though the petitioner has stated that the judiciary is the only hope to the 85 million Indian citizens, he has not kept in mind the role of the
judiciary and the role of the executive, and under the constitutional framework one limb of the Government cannot encroach upon the jurisdiction
of the other. There are not merits. In the result, the writ petition is dismissed in limine. Consequently W.M.P. No. 7793 of 1996 is also dismissed.