Continuing Mandamus
Encyclopedia
Continuing Mandamus is a writ of Mandamus
issued to a lower authority by the higher authority in general public interest asking the officer or the authority to perform its task expeditiously for an unstipulated period of time for preventing miscarriage of justice
.
The concept of Continuing Mandamus has been discussed and dealt with in the respective cases of Vineet Narain
v. Union of India and Bandhua Mukti Morcha
v. Union of India & Ors.
When a petition is filed under Article 32 or Article 226 of the Constitution of India
in the Supreme Court
or the High Court respectively, the court can issue the writ of Mandamus in the interest of general public welfare. The facts and circumstances of the cases were of utmost public importance, and the increasing need for preservation of democracy
and equality
in this society. The investigation into every accusation made against each and every person on a reasonable basis, irrespective of the position and status of that person, must be conducted and completed expeditiously. This is imperative to retain public confidence in the impartial working of the Government agencies.
The Courts, in these cases did not concern themselves with the accusations on a meritorious basis, but only by the due performance of the duties and obligations on the part of the government agencies to fairly, fully and properly investigate into every such accusation against every person, and to take the logical final action in accordance with the law.
If the charge sheet
is filed against the relevant person in the competent court, the court shall deal with the case in accordance with the laws. In case, a prima facie
case cannot be made out against an individual, it should be closed and quickly submitted to the court for its satisfaction that the concerned authorities have not come to a conclusion.
The court ruled that as great public interest was involved in this matter, the CBI and other revenue agencies of the government should perform their tasks properly and expeditiously to prevent unnecessary delays in investigation. The writ issued by the court was continuous, and for an unstipulated period of time. The National agencies and authorities would be obliged to perform their tasks diligently and dutifully, taking into consideration, national and public interest.
A special reference as to the initiation of Inquisitorial proceedings
was also made by the Supreme Court, to facilitate this epistolary proceedings (suo moto cognizance), a Public interest litigation
cell has been opened in the Supreme Court to which letters addressed to the Court or individual judges are forwarded which are placed before the Chief Justice after scrutiny by the staff attached to the cell. This implies that the court is not bound by the Civil Procedure Code and the Evidence Act and can devise inquisitorial or other suitable procedure to achieve the object and purpose of Article 32 of the Constitution of India.
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
issued to a lower authority by the higher authority in general public interest asking the officer or the authority to perform its task expeditiously for an unstipulated period of time for preventing miscarriage of justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
.
The concept of Continuing Mandamus has been discussed and dealt with in the respective cases of Vineet Narain
Vineet Narain
Vineet Narain is a prominent Indian journalist and anti-corruption activist. His exposure of the 1990s Hawala scandal led him to use a public interest petition to apply pressure on the Central Bureau of Investigation...
v. Union of India and Bandhua Mukti Morcha
Bandhua Mukti Morcha
Bandhua Mukti Morcha or Bonded Labour Liberation Front is a non-governmental organisation in India working to end bonded labour. Based in New Delhi, it was founded in 1981 by Swami Agnivesh who continues as its chairman....
v. Union of India & Ors.
When a petition is filed under Article 32 or Article 226 of the Constitution of India
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
in the Supreme Court
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
or the High Court respectively, the court can issue the writ of Mandamus in the interest of general public welfare. The facts and circumstances of the cases were of utmost public importance, and the increasing need for preservation of democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
and equality
Egalitarianism
Egalitarianism is a trend of thought that favors equality of some sort among moral agents, whether persons or animals. Emphasis is placed upon the fact that equality contains the idea of equity of quality...
in this society. The investigation into every accusation made against each and every person on a reasonable basis, irrespective of the position and status of that person, must be conducted and completed expeditiously. This is imperative to retain public confidence in the impartial working of the Government agencies.
The Courts, in these cases did not concern themselves with the accusations on a meritorious basis, but only by the due performance of the duties and obligations on the part of the government agencies to fairly, fully and properly investigate into every such accusation against every person, and to take the logical final action in accordance with the law.
If the charge sheet
Charge Sheet
Charge Sheet is an Bollywood drama film directed by veteran Dev Anand, starring Dev Anand,Jackie Shroff, Naseeruddin Shah and Divya Dutta in lead roles, while Riya Sen appears in an item-number. The film focuses on the criminal life of common people...
is filed against the relevant person in the competent court, the court shall deal with the case in accordance with the laws. In case, a prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
case cannot be made out against an individual, it should be closed and quickly submitted to the court for its satisfaction that the concerned authorities have not come to a conclusion.
The court ruled that as great public interest was involved in this matter, the CBI and other revenue agencies of the government should perform their tasks properly and expeditiously to prevent unnecessary delays in investigation. The writ issued by the court was continuous, and for an unstipulated period of time. The National agencies and authorities would be obliged to perform their tasks diligently and dutifully, taking into consideration, national and public interest.
A special reference as to the initiation of Inquisitorial proceedings
Inquisitorial system
An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense...
was also made by the Supreme Court, to facilitate this epistolary proceedings (suo moto cognizance), a Public interest litigation
Public interest litigation
In Indian law, Public Interest Litigation OR जनहित याचिका means litigation for the protection of the public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party...
cell has been opened in the Supreme Court to which letters addressed to the Court or individual judges are forwarded which are placed before the Chief Justice after scrutiny by the staff attached to the cell. This implies that the court is not bound by the Civil Procedure Code and the Evidence Act and can devise inquisitorial or other suitable procedure to achieve the object and purpose of Article 32 of the Constitution of India.