Delhi HC junks PIL for protecting peacocks from electrocution

New Delhi, Apr 9 (PTI) The Delhi High Court on Wednesday dismissed a PIL seeking directions to the authorities to protect peacocks from electrocution.
     A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela refused to examine the plea saying the petitioner should approach the authorities concerned with its grievances as courts couldn't legislate or frame laws.
     NGO Save India Foundation sought framing of regulations to protect the national bird from coming in contact with electrical installations of discoms.
     "The discoms which supply electricity to various parts of Delhi have left their electric poles open on which the national bird very often sits and gets electrocuted on coming in contact with the open wires and open electric installations," it said.
     The NGO claimed of making representations to the Delhi government's Department of Forests and Wildlife, secretary of the power department aside from other authorities only on April 3 and the petition was filed on April 6, the court said.
     The bench wondered how could the petition be filed within a week of giving the representations to the authorities, without waiting for their responses.
     "We are not inclined to entertain the petition. It is dismissed," the bench held.
     The petitioner was, however, granted the liberty to make a representation to appropriate authorities within two weeks to be decided as per law.
     "There is no presumption in law that there will be no response. We don't encourage such matters. We may have sympathy with your cause but we cannot appreciate filing of petitions like this," the bench said.
     The court said it was not having "any magic wand" and there was a whole system put in place for meeting people's grievances and only in case of a failure on the part of authorities, they should move court.
     The petitioner said it was urging directions to the authorities to safeguard the national bird from being electrocuted on electrical poles and seeking regulations to protect them from electrocution.
     The bench then asked the petitioner to approach the legislature if there was no law in this regard as courts could neither legislate nor frame regulations.
     The plea said there was no standard operating procedure, protocol or regulations to ensure the safety of the birds.
     Authorities are callous and passing the buck in the absence of any regulation or guidelines to protect peacocks, the plea added.
     "The discoms are brazenly insulating the electrical installations without any protection as a result of which the national bird is exposed to the electric current and dies. The court in exercise of its writ jurisdiction can issue the directions thereby fixing responsibilities of the authorities," it said.

(This story has not been edited by THE WEEK and is auto-generated from PTI)