The Delhi High Court today (17 Dec. 20) refused to entertain a Public interest litigation (PIL) concerning the ongoing protest by farmers at the "borders" of the national capital in view of the COVID-19 pandemic.
"Where are they protesting? Outside Delhi?..", a Division Bench of Chief Justice DN Patel and Justice Prateek Jalan questioned as it observed that its jurisdiction does not extend to areas outside the National Capital Territory of Delhi. The Court also took into account the hurried drafting of the public interest litigation and asked, "Is this public interest litigation or public interest litigation..?"
While the lawyer for the petitioner, advocate Rohit Jha, argued that the protests have an impact on the NCT of Delhi, the Court remarked that it was not the Central government. "You can file it in Punjab, Haryana, Allahabad..the same petition will work", the Court said.
The Court further recorded that the "larger issue" of farmers' protests was pending before the Supreme Court. In his petition, the petitioner had specifically prayed for medical and health facilities at the protest sites. The petition was disposed of with liberty to the petitioner to file another plea with proper averments.
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