"Matter of policy:" Delhi High Court refuses to entertain plea seeking recovery of money allegedly owed by Pakistan to India

The Delhi High Court on Monday refused to entertain a public interest litigation (PIL) petition seeking recovery of the debt owed by Pakistan to India, which allegedly now amounts to over ₹1 trillion [Om Sehgal v Union of India and Ors]..A Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla held that this was a matter of government policy and no writ of mandamus can be issued in this regard to the government..The petitioner Om Sehgal appeared before the court in-person and argued that Pakistan has been using the money given by the Government of India to repeatedly attack India, and countless Indian soldiers have lost their lives in the wars waged by the neighbouring country.He furnished the statement of accounts and many budgetary documents to argue that around ₹300 crore has been loaned by India to Pakistan both pre and post-independence, and with interest it now amounts to over a trillion rupees.Sehgal, therefore, sought a direction to the Ministry of Finance to take up the matter immediately with the Pakistani government for repayment of the debt.“This money belongs to the people of India. Justice should prevail. Just after partition, around Rs 20 crore was given by India to Pakistan and with that money they attacked Kashmir. Thousands of people were killed but our money is still with Pakistan. It has now come to around Rs 1 trillion. In Pakistani currency it comes to Rs 2.5 trillion. Each bullet that our soldiers face is paid by our money. I can’t say anything about political parties who are in government but request the court to pass directions,” Sehgal argued..Additional Solicitor General (ASG), appearing for the Central government, told the Court that the petitioner may be right in his sentiments but the issue is a matter of policy and therefore should be left to the government..The High Court noted in its order that the Central government is cognisant of the issue and since it is a matter of state policy, no direction can be passed.The petition was, therefore, disposed of.