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Updated June 4th, 2021 at 19:37 IST

Juhi Chawla's suit termed 'publicity stunt' by Delhi HC; dismissed with Rs 20 lakh fine

A single-judge bench of Justice J R Midha in Delhi High Court remarked Chawla's suit as 'defective'. It also imposed a cost of Rs 20 lakhs on Juhi Chawla

Reported by: Ananya Bhatnagar
Delhi HC
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The Delhi High Court on Friday dismissed the suit filed by Bollywood actor Juhi Chawla against the implementation of 5G networks in India.

A single-judge bench of Justice J R Midha not only turned down the suit but also imposed a cost of Rs 20 lakhs on Chawla.

The court also remarked that the suit was only filed for "gaining publicity" and that Chawla has "no knowledge" of the averments made in the Plaint.

Noting discrepancies in the suit, the bench said, "No case made out for leave to institute a suit, under section 80 of Code of Civil Procedure, or to sue in a representative capacity."

No personal knowledge of averments in Juhi Chawla's plea: HC

The judge also said Plaintiff (Juhi Chawla) filed vexatious averments and had no knowledge of these averments. "There is no personal knowledge of averments. Plaint based on legal advice not maintainable: Court 

Further, the bench noted that Chawla not only did not comply with the mandate under Section 80 of the Code of Civil Procedure but also flouted several other mandates under the Code. 

Section 80 of the Code provides that no suit shall be instituted against the Government or against a Public Officer in respect of any act purporting to be done by such public officer in his official capacity until the expiration of 2 months next after notice in writing has been delivered. 

Even at the time of hearing the suit on June 2, the judge had remarked that the suit filed by Chawla was "defective" 

The court also questioned Chawla for filing the suit without giving any representation to the government on her concerns related to the technology.

Justice J R Midha said the plaintiffs, Chawla, and two others, were required to first approach the government for their rights, and if denied, they should come to the court.

“Plaintiff has no personal knowledge of the plaint. I am surprised. How can it be? Is the suit permissible when the plaintiff has no personal knowledge of the averment? I have not seen a suit where a person says I don’t know, please conduct an inquiry,” the judge had said then. 

What Juhi Chawla's had petitioned for in the Delhi HC

The suit, filed by Chawla, social worker Veeresh Malik and Teena Vachani, said that if the telecom industry’s plans for 5G come to fruition, no person, animal, bird, insect, and plant on earth will be able to avoid exposure, 24 hours a day, 365 days a year, to levels of RF radiation that are 10x to 100x times greater than what exists today.

The suit has sought direction from the authorities to certify to the public at large that how 5G technology is safe for humans, animals, and every type of living organism, flora, and fauna.

“This suit will reveal a complete sell-out by the regulatory agencies who, statutorily, have been tasked to protect the health and life of the public, but whose actions reveal an utter derogation of their own statutory duty in order to advance private interests...,” the plea has alleged.

“Since ‘prevention’ is well-accepted to be far better than ‘cure’, immediate measures must be taken to protect humanity and the environment, in accordance with ethical imperatives as well as formal international agreements, before such harm is actually unleashed,” it said.

The plea said that in April 2019, Brussels became the first major city in the world to halt any further steps in the 5G rollout on account of health hazards.

“In fact, as recently as on May 5, 2021, the Parliament of Belgium, still not willing to allow 5G rollout in Brussels, invited 45 ordinary citizens drawn at random to address it on their concerns, assuring them that the 5G roll-out will not be permitted till they are heard by Parliament and their concerns are properly and fully addressed,” it said.

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Published June 4th, 2021 at 19:37 IST

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