The Delhi High Court on Wednesday dismissed a public interest litigation (PIL) filed by Save India Foundation, which sought the formulation of regulations to prevent the electrocution deaths of peacocks—the national bird—in the national capital.

A division bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that the relief sought falls within the domain of executive authorities, not the judiciary. "We cannot legislate or frame regulations," the Court said, directing the petitioner to approach the appropriate government departments.

The petitioner had submitted a representation on April 3 to various departments, including the Department of Forests & Wildlife and the Secretary of Power, Government of Delhi. The bench questioned the premature filing of the PIL, noting that only six days had passed since the representation.

"There is no presumption in law that there will be no response," the Court said, urging the petitioner to await action or inaction from the authorities before approaching the judiciary.

While expressing sympathy for the cause, the Chief Justice remarked, “We don't encourage such matters. You people think we have some kind of a magic wand… There’s a whole system in place. Only in case of failure on their part should you approach the court.”

The counsel for the petitioner emphasized the need for regulations to safeguard peacocks from open electric wires and poles.

In response, the Court stated, “Then approach the legislature if there is no law. We cannot frame any regulation.”

The counsel for certain DISCOMs also informed the Court that no representation had been received by them.

Dismissing the petition, the Court allowed the petitioner to submit a detailed and exhaustive representation to the concerned authorities within two weeks. It directed that such a representation, once made, be duly considered and appropriate action be taken.

The PIL had alleged a lack of standard operating procedures or regulations to protect peacocks from electrocution and accused authorities of passing the buck. It further claimed to have compiled data on peacock deaths in Delhi and sought the Court’s intervention in issuing protective guidelines.