'We Can't Legislate': Delhi High Court Dismisses PIL For Regulations To Protect Peacocks Dying Of Electrocution

The Delhi High Court on Wednesday (April 9) dismissed a public interest litigation seeking formulation of regulations to protect the national bird peacocks dying of electrocution in the national capital.

A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela rejected the plea filed by Save India Foundation and said that the appropriate authorities must be approached for the relief sought as the Court cannot legislate or make laws.

The petitioner's counsel informed Court that a representation was made recently on April 03 to the Department of Forests & Wildlife, Secretary of Power of Delhi Government and other authorities.

On this, the Bench questioned the counsel as to how could the petitioner file a petition without waiting for the authorities' reply on the representation, which was made only six days ago.

The Court also asked the counsel to wait for the authorities' response or their failure to make any response, while underscoring that 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 Chief Justice orally said.

The judge also told the counsel to ensure that correct authorities are approached who are vested with appropriate duties before approaching the Court.

“You people think we have some kind of a magic wand… please try to understand. There is whole system put in place for meeting all your grievance. Only in case of failure on their part is when you approach court,” the Court said.

As the petitioner's counsel said that he was seeking regulations for protection of peacocks dying of electrocution, the Court orally said:

“Then approach the legislature if there is no law. What is this kind of an argument? We cannot legislate. We cannot frame any regulation.”

The counsel appearing for certain DISCOMs said that no such representation was made to them.

The Court dismissed the plea observing that the representation was made to the authorities only on April 03, and the petition was filed hardly within a week.

“We are not inclined to entertain this petition. The petition is dismissed,” the Court said.

However, the Bench permitted the petitioner to approach the authorities by making an exhaustive representation taking all the pleas available to it under law within a fortnight.

The Court added that when such a representation is made, the same shall be considered and decided and appropriate action be taken by the authorities.

The plea alleged that there was inactivity of the authorities concerned in safeguarding peacocks from being electrocuted on the electrical poles in the absence of any SOP, protocol or regulations to ensure their safety.

“Peacock is the National Bird but being killed due to the open electric wires, poles. There are no regulations, law for protection of the National Bird hence the authorities are passing the buck from one another,” the plea said.

It added: “The Petitioner has done substantive work and has gathered the data related to death of the National Bird in Delhi due to electrocution and seeking the indulgence of the court in issuing specific guidelines for protection of the pride of the country.”

Title: Save India Foundation v. Department of Forests & Wildlife & Ors

Citation: 2025 LiveLaw (Del) 428