However, Justice S R Brahmabhatt suggested that the petitioner should file a public interest litigation on the issue since he was not an affected party and his prayer could be heard if he filed a PIL.
The petitioner, George Joseph Dias, later withdrew his plea and has decided to file a PIL.
On April 3, five member of a Nepalese family, allegedly frustrated over the authorities' pressure to demolish their house, poured kerosene and set themselves on fire in front of Rajkot Municipal Commissioner's office.
Dias, a local social activist, claimed in his petition that, he was "shocked to know that though five persons committed self-immolation in front of the Municipal Commissioner's office, he did not care to inform the local police or police commissioner."
"Due to the indifferent attitude of Rajkot Municipal Commissioner, five members of a same family lost their lives...By not calling the police, he has committed offence under section 305 (abetment to suicide) of IPC," he said.
There was a huge outcry over the incident and Opposition parties - Congress and Gujarat Parivartan Party - also observed 'Rajkot Bandh' with the demand to take action against those responsible for the incident.