Mumbai May 30:The Bombay High Court today directed the Centre, Petroleum Ministry and Finance Ministry to file an affidavit by June 20 in response to a petition which claimed that the recent petrol price hike was “illegal” as it lacked Parliament's approval and violated the Constitution.
A bench of justices R Y Ganoo and N M Jamdar ordered the respondents to file an affidavit explaining their stand on increasing the price of petrol.
Apart from the Central ministries, other respondents include oil marketing companies, Indian Oil Corporation, Hindustan Petroleum Corporation Ltd and Bharat Petroleum Corporation Ltd.
The PIL, filed by Rajendra Phanse, General Secretary of ‘Dharmarajya Paksha', submitted that the petrol prices were hiked “abruptly” by Rs 7.50 on May 23 at the stroke of midnight after the conclusion of budget session of Parliament.
The petitioner contended that the raise in petrol prices was “totally illegal” as it does not have approval of Parliament. It was also ultra-vires of the Constitution.
Terming as “undemocratic” the hike since it was announced after the Budget session was over, the petitioner argued that in the past, the decisions like raising the rates of postal and telephone services used to be taken during the budget session.
The petitioner further said that the hike was against the principles of natural justice, as it is bound to affect the entire population of the country.
Citing the lack of uniformity in the prices of petrol, the petitioner said that in Thane (Maharashtra), the price per litre is Rs 81.70, while it is as low as Rs 58.06 in Port Blair, Rs 81.75 per litre in Bengaluru and Rs 73.18 in Delhi.
This showed that the prices of petrol change from city to city within the country, which is nothing but a geographical discrimination in contravention of Article 14 of the Constitution, he said.
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