HC finds Juhi 5G plea defective

Court questions Chawla for filing the suit without approaching government

New Delhi, June 2: The Delhi High Court on Wednesday termed as defective the suit of actress-environmentalist Juhi Chawla against setting up of 5G wireless networks in the country and said it was filed for media publicity. The court also questioned Chawla for filing the suit without giving any representation to the government on 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.

The court, which reserved order on the suit after hearing the arguments of various parties, also asked as to why as many as 33 parties have been added to the plaint and said it is not permitted under the law.

It is not the sweet will of the plaintiff to join as many parties and cause of action. Please see the memo of parties. Tell me how you have joined them. Every party cannot be arrayed in the suit, the judge said.

The court further said, “It is a defective plaint. This suit has been filed only for media publicity and nothing more than that. It is very shocking.”

“Did you approach the government with a representation? If yes, is there any denial?,” the court asked to which the plaintiffs counsel replied in negative. The court said in the suit, the plaintiff says I have personal knowledge of paragraphs 1 to 8 only.

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 said.

The court asked about the knowledge of plaintiffs on the facts and warned to prosecute them on filing false claims.

The plea claimed that 5G wireless technology threatens to provoke serious, irreversible effects on humans and permanent damage to the earth’s ecosystems.

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 PLEA claimed that 5G technology threatens to provoke serious, irreversible effects on humans and permanent damage to the earth’s ecosystems.