Deepali Kalia –
Delhi High Court on June 4th dismissed the plea filed by Bollywood actress Juhi Chawla against the setting up of 5G technology in India.
The plea filed by Chawla, social worker Veeresh Malik and Teena Vachani, stated that 5G wireless technology could cause serious, irreversible effects on human beings and permanent damage to the earth’s ecosystems. Therefore, the plea contended that its rollout should only be permitted when it’s certified to be safe.
The Counsel representing Centre, however submitted that the suit filed was a frivolous one and not maintainable according to the sections 80 and 91 of the Code of Civil Procedure.
The Bench of Justice JR Midha noting the fact that Chawla had circulated the web link of the hearing on social media made the following remarks, “Plaintiffs abused process of law. Costs of Rs 20 lakh is imposed on plaintiffs. It appears suit was for publicity. Juhi Chawla circulated link of the hearing on social media.”
The Court also directed that contempt notice be issued against the wrongdoers who had disrupted the hearing by accessing it through the link which was made public by Chawla.
Delhi Police was directed by the court to take the necessary action and submit their report.
It was further observed by the Court that Chawla had not complied with the mandate under sec 80 of CPC and had also defied other mandates under the code.
“No case made out for leave to institute suit (under Section 80).. or to sue in representative capacity. Plaint is defective and not maintainable.”, the Court held.
Taking note of the fact that the plaint was not verified and only few paragraphs were stated to be true to their knowledge, the court said, “There is no personal knowledge of averments. Plaint based on legal advice not maintainable.”
Advocate Deepak Khosla had sought a stay order after the pronouncement stating that the imposition of costs was without any legal basis but was rejected by Justice Midha, who remarked, “Matter is over. You have your legal remedies.“