HC rejects 5G suit by Juhi Chawla, fines her `20 lakhs
New Delhi: The Delhi high court on Friday dismissed with a cost of `20 lakh actress Juhi Chawla’s lawsuit challenging 5G wireless network technology and said the plea was defective and filed for gaining publicity. Justice J.R. Midha said the plaintiffs — Chawla and two others — have abused and misused the process of law and wasted the court’s time. The court also issued contempt notices against unknown persons and asked the police to identify them.
Imposing a heavy cost of `20 lakh on actor Juhi Chawla , the Delhi High Court on Friday dismissed her civil suit against the rollout of 5G technology in India as “defective and not maintainable”. The court also ordered action against people who had interrupted a virtual hearing on Wednesday using a link the actor had shared on social media and sang popular songs from her Bollywood movies.
In his order, Justice G R Midha noted : “Vexatious allegations were made… They (plaintiffs) have abused and misused process of law. Plaintiffs are directed to deposit cost of 20 lakh within one week… DSLSA (Delhi State Legal Services Authority) to utilise it for cause of victims of road accidents. If any proceedings are instituted, this judgement be produced before the court.”
When Juhi Chawla’s lawyer Deepak Khosla asked for the order to be put on hold, arguing that the costs were without any legal basis, the court snapped: “The matter is over. You have your legal remedies. Counsel should know his limits.”
The court held that the plaintiffs’ suit was valued at Rs two crore for jurisdiction, therefore, the valuation had to be the same for court fee. “Over Rs one lakh should have been paid. Challenge to the Court Fee Act is not permitted under CPC.”
“It appears the suit was for publicity. Juhi Chawla circulated a link of the hearing on social media,” the court said, asking the Delhi Police to identify and take action against the rogue singers.
On Wednesday, the court’s virtual hearing was repeatedly interrupted by fans who logged on and sang hits from Juhi Chawla’s movies, infuriating the judge. When the hearing started, someone started singing the song ‘’Ghoonghat ki aad se” from actor’s 1993 movie “Hum Hain Rahi Pyar Ke”.
“Please mute,” the judge said the first time. A little later, he ordered another singer be removed from the hearing. When it happened the third time, the judge directed that the person be identified and a contempt notice be issued against him.
In her lawsuit, the actor had sought a direction to the authorities to certify to the public at large that how 5G technology is safe to humans, animals and every type of living organism, flora and fauna. During the first hearing, the judge had termed the lawsuit as ‘defective’ and said it was filed for ‘media publicity’. He had also questioned the actor for filing the suit without giving any representation to the government on her concerns related to the technology. The court had said that the actor and others were required to first approach the government for their rights instead of approaching it.
In his order, the judge held that the plaintiffs have failed to make out a case for leave to institute the suit or to sue in representative capacity. “Therefore the plaint is defective and not maintainable.”
The counsel, appearing for the Centre, said that the 5G policy did not fall in the category of public nuisance and it was obviously not prohibited in law. The counsel representing private telecom companies said that launching of 5G technology is a policy of the government and as it is a policy, it cannot be a wrongful act.
Juhi Chawla’s counsel had argued 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.