The Delhi High Court today refused to entertain a petition seeking continuation of power subsidy beyond March 31, saying "courts are not the substitute" of the government and it will not interfere with the policy decision.
The court's stern view led to withdrawal of the PIL seeking a direction to the government that the earlier decision of Aam Aadmi Party to give subsidy to Delhi residents, who consume electricity up to 400 units a month, be continued after its expiry on March 31.
"We are not the substitute of the government. There is a system of separation of power. You cannot ask the courts to legislate and decide policy matters. Likewise governments cannot decide cases," the bench comprising Acting Chief Justice B D Ahmed and Justice Siddharth Mridul said.
The court, however, said lawyer Anurag Kejriwal, also a member of Lok Satta Party, can make a representation to the office of Lt Governor.
"This is a policy issue. We cannot direct government to frame the policy. You approach the government directly, we are not interfering in policy matters," it said.
"You have to knock on the doors of your political leaders to ask what they are doing," it said.
The PIL said Delhi residents will face high electricity tariff after March 31 due to the expiry of the government subsidy for consumers using less than 400 units a month.
It asked the court to ensure that underprivileged residents "do not have to bear unsubsidised tariff owing to a paralysis of governance and political posturing during the elections".
"The subsidy provided by the previous governments to ease the burden on the underprivileged and provide lifeline electricity at economic prices is set to expire March 31," the plea said.
At present, consumers are charged a subsidised rate of Rs 2.70 per unit for consuming 200 or less units in a month. The actual cost per unit comes to Rs 3.90.
If consumption is 201-400 units per month, consumers are charged a subsidised rate of Rs 5 per unit against the actual cost of Rs 5.80.
