Today, On 9t April, The Delhi High Court dismissed a public interest litigation (PIL) that sought measures to protect peacocks from electrocution caused by overhead power lines. The petitioner had urged authorities to insulate electrical infrastructure in areas populated by the national bird. However, the court found no merit in the plea. It emphasized that such issues fall under the purview of concerned wildlife and power authorities.
New Delhi: The Delhi High Court dismissed a public interest litigation (PIL) on Wednesday that sought directions for authorities to protect peacocks from electrocution.
A bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela declined to consider the petition, stating that the petitioner should address their concerns to the relevant authorities, as courts cannot legislate or create laws.
The NGO Save India Foundation requested the establishment of regulations to safeguard the national bird from electrical installations managed by distribution companies.
They noted,
“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.”
The NGO indicated that they had made representations to the Delhi government’s Department of Forests and Wildlife, the secretary of the power department, and other authorities only on April 3, with the petition filed shortly thereafter on April 6, as the court mentioned.
The bench questioned how the petition could be filed just a week after representations were made to the authorities, without waiting for their responses.
The bench stated,
“We are not inclined to entertain the petition. It is dismissed,”
However, the petitioner was granted the opportunity to make a representation to the appropriate authorities within two weeks, which should be addressed according to the law.
The bench remarked,
“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 the filing of petitions like this,”
The court noted that it does not possess “any magic wand” and that there is a comprehensive system in place for addressing people’s grievances. Legal action should only be pursued if the authorities fail to respond appropriately.
The petitioner aimed to secure directions from the authorities to protect the national bird from electrocution on electrical poles and sought regulations to ensure their safety.
The bench advised the petitioner to approach the legislature if no existing law addresses this issue, as courts cannot legislate or create regulations.
The plea argued that there is no standard operating procedure, protocol, or regulations in place to guarantee the safety of the birds.
It claimed that authorities are negligent and shifting responsibility due to the lack of regulations or guidelines to protect peacocks.
The plea stated,
“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,”
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