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HC Calls Juhi Chawla’s Lawsuit Against 5G Technology “Flawed,” Says Filed for Media Publicity | India News

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NEW DELHI: The Delhi High Court on Wednesday called actress and environmentalist Juhi Chawla’s lawsuit against the establishment of 5G wireless networks in the country “flawed” and said it was filed for “media publicity.”
The court also questioned Chawla for filing the lawsuit without providing any representation to the government about his technology-related concerns.
Judge JR Midha said the plaintiffs, Chawla and two others, should first approach the government about their rights and, if denied, they should go to court.
The court, which reserved the order on the lawsuit after hearing arguments from various parties, also asked why up to 33 parties have been added to the lawsuit and said it is not allowed by law.
“It is not the sweet will of the plaintiff to join so many parties and cause of action. See the parts note. Tell me how you joined them. All parties cannot be part of the lawsuit, ”said the judge.
The court further said: “It is a flawed claim. This lawsuit has been filed for media advertising only and nothing more than that. It’s very shocking. ”
“Did you approach the government with a representation? If yes, is there a denial? “The court asked to which the plaintiffs’ lawyer answered in the negative.
The court said that in the complaint, the plaintiff says “I have personal knowledge of paragraphs 1 to 8” only.
“The plaintiff has no personal knowledge of the lawsuit. I’m surprised. How can it be? Is the claim allowed when the plaintiff has no personal knowledge of the claim? I have not seen a lawsuit in which a person says they do not know, please do an investigation, “said the judge.
The court inquired about the plaintiffs’ knowledge of the facts and warned that they be prosecuted for filing false complaints.
The statement alleged that 5G wireless technology threatens to cause serious and irreversible effects on humans and permanent damage to the earth’s ecosystems.
The lawsuit, filed by Chawla, social worker Veeresh Malik and Teena Vachani, said that if the telecommunications industry’s plans for 5G are realized, no person, animal, bird, insect and plant on earth will be able to avoid exposure, 24 hours a day. day, 365 days a year, at RF radiation levels that are 10 to 100 times higher than those that exist today.
Attorney Deepak Khosla, representing the plaintiffs, said that trials of 5G technology involving the human population have been conducted, adding that these are not “pigs and rats.”
The court was hearing arguments only on various requests made by the plaintiffs, including payment of court fees and permission to initiate a lawsuit.
Attorney General Tushar Mehta and Attorney Amit Mahajan, representing the Department of Telecommunications, said that the 5G policy does not fall into the category of public nuisance and is obviously not prohibited by law.
Mehta said the plaintiffs must prove how the technology is illicit and called the lawsuit ill-conceived litigation.
Mahajan said the plaintiffs could have filed a PIL if they wanted to avoid depositing court fees.
“What’s the hidden agenda?” He said, adding that the plaintiffs previously filed a petition on similar issues with the Bombay High Court and it was not pending in the Supreme Court, which is why a PIL was not filed and was instituted a private suit.
Lead defender Kapil Sibal, who represents private telecommunications companies, said that the launch of 5G technology is a government policy and, as it is a policy, it cannot be an illegal act.
On the issue of public nuisance, he said that plaintiffs must first establish that the policy is a public nuisance and that they can’t just make inquiries and get relief.
“They have to establish that the policy itself is wrong,” he said.
Kholsa said that the implementation of 5G technology should not be done at the expense of others.
When asked by the court what was the special harm caused to the plaintiffs, the lawyer said: “I am suffering radiation every time I use a cell phone.”
The lawsuit has sought direction from the authorities to certify to the general public that 5G technology is safe for humans, animals and all kinds of living organisms, flora and fauna.
“This lawsuit will reveal a total sale by regulatory agencies that, by law, are tasked with protecting the health and life of the public, but whose actions reveal a total abrogation of their own legal duty to promote private interests. .. ”, the statement alleges.
“Since ‘prevention’ is well accepted as far better than ‘cure’, immediate action must be taken to protect humanity and the environment, in accordance with ethical imperatives, as well as formal international agreements, before such harm is really unleashed ”. He said.
The petition said that in April 2019, Brussels became the first major city in the world to halt any further steps in launching 5G due to health hazards.
In fact, as recently as May 5, 2021, the Belgian Parliament, which was not yet willing to allow the launch of 5G in Brussels, invited 45 randomly selected ordinary citizens to address their concerns, assuring them that the launch 5G will not be allowed until they are heard by Parliament and their concerns are adequately and fully addressed, ”he said.



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