File Photo: The Rashtrapati Bhavan (iStock Photo)
The Delhi High Court today pulled up an MCD Councillor for roping in the President of India as a respondent in a PIL seeking tabling and implementation of the 4th Delhi Finanace Commission report by the AAP government and said he was not answerable to any court.
"How can you (Councillor) file a petition against the President of India? Even the Constitution of India has given him and the Governors exemption and they are not answerable to any court," a bench of Chief Justice G Rohini and Justice Jayant Nath said.
The court further said Article 361 of the Constitution of India protects President and Governors of states.
It said if the courts too have no power to sue the President, how can any individual make such persons respondents like this.
"You will have to amend your petition and file fresh memos of parties (respondent) against whom you are seeking direction by this court," the bench said, adding that "or else we will not take up the issue".
The court's oral observation came on a public interest litigation filed by Chairman of the Department of Environment Management Service (DEMS) Committee of North Delhi Municipal Corporation and Rohini Councillor Vijay Prakash Pandey, who has filed a plea on behalf of the corporation.
Sensing the mood of the court, the Councillor's advocate said he would file an application with regard to the amended memo of parties.
The petitioner said that despite many requests, letters and petitions, the Delhi government has refused to pay any heed to the demands for adequate funds.
"The petitioner has no other option other than to seek remedy from the court since we are finding it extremely difficult to fulfil our monetary requirements for performing basic functions and carrying out development work," the civic body said in their plea, which will be heard on August 6.