STATE LAW UPDATES

Juhi Chawla files suit against the implementation of 5G in India: Dismissed by Delhi High Court with Penalty

The Bollywood actor Juhi Chawla, who has been actively creating awareness of the harmful effects of radiofrequency radiation(RF), has filed a lawsuit against the implementation of 5G mobile technology in India. The actress who has been publicly and vociferously canvassing against the effects of EMF radiation for the last decade or so, have been approached by a number of individuals, requesting them to initiate legal proceedings against the silent killer‟ that exists in our country’s air, and who have expressed their desire to join them in such proceedings. The actor said that 5G technology exposes people and animals to RF radiation that is 10 to 100 times greater than it exists today.

The Bench of Justice C. Harishankar on Monday recused to hear the matter and transferred it to another bench of the Delhi High Court. The matter will now be heard on June 2, 2021.

It further, said that in response to RTI Act dated 20 March 2019, the Ministry of Telecommunications informed in writing from Science and Engineering Research Board that ‘no studies by SERB have been conducted specifically on the effect of 2G, 3G, 4G and 5G cellular technologies on humans, animals, birds, plants and other living organisms.’

The court observed that: “The observations made by Justice Rajiv Sahai Endlaw in one of the cases that ‘This is a classic textbook case of, how not to draft a plaint, which should be taught in law colleges and to young lawyers so that such bloopers in the drafting of pleadings, damaging to one’s own client, are avoided‟ is fully applicable to the present case.

The plaintiffs have affixed Court-fees of Rs.1,950/- on the plaint on the ground that the plaintiffs intend to challenge the Court fees Act. According to the plaintiffs, if the justice dispensation system requires around 15-20 years for settlement of a suit, the Court has lost the moral as well as legal right to require the Court-fees to be paid upfront at the beginning of the suit. The plaintiffs further intend to challenge the Court-fees Act in terms of the original intent of the Act being to recoup the costs for administration of justice, whereas the present system is such that the inflow of the Court-fees far exceeds the amount spent by the State on providing the infrastructure to dispense justice

Juhi Chawla in her plea had sought a scientific study on any adverse effects of radiofrequency radiation emitted by Cellular Telecommunications using 5G technology on “health, life, organ or limb of adult or child or to flora and fauna” before its officially out in the country.  The petition has filed to direct the government and the Science and Engineering Research Board, in particular, to confirm that arrangement of 5G innovation for cell interchanges represented no sensible danger. 

The application referred to the case of Brussels (Belgium), which it guaranteed to become the first major city in the world to actually halt any further steps in the 5G roll-out in April 2019 on account of recognised health hazards. 

The Delhi High Court on Wednesday named the request recorded by Bollywood entertainer Juhi Chawla against the carry out of 5G innovation in India as “defective” and accomplished for “media publicity, which is clear from the fact that plaintiff circulated the video conferencing link of this Court on her social media accounts, which resulted in the repeated disruption of the Court proceedings.

The Registry raised an objection to the maintainability of the suit. The plaintiffs, instead of explaining how the suit is maintainable, requested the Registry to list the suit as it is with defects and the plaintiffs undertook to bear the cost and consequences of the same, whereupon the Registry listed this matter, subject to objections, before this Court.

Justice J.R. Midha additionally inquired as to why the entertainer had moved the court straightforwardly without first giving any portrayal to the public authority. “It is a defective plaint. This suit has been filed only for media publicity and nothing more than that. It is very shocking,” the adjudicator said while holding the request on the supplication. 

Solicitor General Tushar Mehta, showing up for the Central government, additionally said that the suit was pointless. Mr. Mehta said 5G strategy didn’t fall in the classification of public aggravation and it was clearly not denied in law. He said the solicitor expected to show how the innovation was unfair and named the suit “an ill conceived litigation”. 

The Delhi High Court on Friday dismissed actress Juhi Chawla’s petition against the implementation of 5G technology in India and also imposed a fine of Rs 20 lakh. 

Image Source: DNA India



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Kartik Chandok