NEW DELHI: A petition seeking direction to the Centre to approach the President for referring the Indo-US nuclear deal to the Supreme Court was on Thursday dismissed by the Delhi High Court.
A division bench of Chief Justice M K Sharma and Justice Sanjeev Khanna while dismissing the Public Interest Litigation (PIL) said "as of today there is no legislation with regard to the deal, so it is purely a policy decision of the government of India."
"We are of the considered opinion that a mandamus can not be issued directing the union of India to approach the President to refer the issue to the Supreme Court for its legal advise," the bench observed.
Referring to a previous Supreme Court ruling, the bench said "it is a matter essentially for the President to decide whether to refer the issue or not to Supreme Court for its opinion."
The Bench was hearing a PIL filed by a social worker Sarvjeet Kumar through his counsel Sugriv Dubey stating that the deal between India and the US is a legal matter and has an effect on the country's sovereignty.
In the light of various political parties "misinterpreting" the issue, the matter needed to be referred to the apex court for its opinion, the petitioner said.
