Writ Of Mandamus Not A Remedy Against Private Wrongs, Court Cannot Interfere With Private Body’s Internal Management
Case: Prakash Singh V. Union Of India & Anr.
Coram: Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad
Case No.: LPA 438/2022
Court Observation: “It is well settled that a writ of mandamus lies only for the purpose of a public or statutory duty. Writs are issued for the performance of public duties. Though Article 226 of the Constitution of India is worded in such a way that a writ of mandamus could be issued even against a private authority but such private authority must be discharging a public function and the right sought to be enforced must be a public duty.”
“Respondent No.2/Agence France Press was constituted in France and as far as India is concerned, Respondent No.2/Agence France Press is only a private entity,”
“The Respondent No.2/Agence France Press cannot be termed as a State under Article 12 of the Constitution of India and is, therefore, not amenable to writ jurisdiction. The Respondent No.2/Agence France Press is an entity of France and even if the contention of the Petitioner is taken into account that the said news agency has been constituted by the Act of Parliament of France and is engaged in the activity of public function, it still cannot be termed as a State under Article 12 of the Constitution of India,”
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Keywords
Remedy Against Private Wrongs, Writ Of Mandamus
