“This is media publicity stunt”: Delhi HC reserves order in Plea by Juhi Chawla against implementation of 5G technology in India

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The Delhi High Court today heard the arguments of the parties and reserved the order in the plea against the implementation of 5G wireless network technology in India, raising issues related to the radiation impact on citizens, animals, flora and fauna.

The Single Bench of Justice JR Midha while hearing the plea had asked the respondents and the petitioner to mail a note (1.5 page) to the Court Master as it is mandatory for the respondents to file WS before the conclusion of Oral Hearing. Also, if after producing note the Bench found it appropriate, it would then give the right to audience.

Advocate Deepak Khosla represented the Petitioners.

Adv Amit Mahajan , SG Tushar Mehta  and Adv Kapil Sibal represented the Respondents.

The Bench heard the submissions made on 4 applications filed by the petitioner. Without deciding on the merits of the case the Bench heard the Arguments of the parties and reserved the order.

Advocate Kapil Sibal questioned the validiy of plea and stated that, “The suit has to be instituted..If it's a policy, it can't be a wrongful act. What is the public nuisance? It has to be established first. You can't make an averment and get relief.”

Advocate Khosla replied to the submission made by the defendant parties and commented,

My facts are established as questioned by Mr. Kapil. Where there is smoke there is fire. I mylord am proving that there is smoke. It is the duty of defendant to prove that it is not the actual smoke but Agarbatti smoke.”

The Court also asked questions pertaining to S34 of Specific Relief Act and Special damages that has incurred to the petitioners.

“Bench- You've re-produced entire document, evidence.. you've to only state the facts I'm quite surprised.. permission for what? Defective plaint? This is media publicity stunt.”

Previously, the Single Bench of Justice C Hari Shankar, transferred the suit to another bench for hearing on June 2.

“If the telecommunications industry’s plans for 5G come to fruition, no person, no animal, no bird, no insect and no 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.” – stated the plea.

The plea has been preferred by Actor Juhi Chawla, Veeresh Malik and Teena Vachani through Advocate Deepak Khosla and it has been argued that, until and unless 5G technology is "certified safe", its roll out should not be permitted.

The petition further stated that the, clinical and experimental evidence of damage tDNA, cells and organ systems in plants and animals to state the major diseases of modern civilization - cancer, heart disease and diabetes - are, in large part, caused by electromagnetic pollution which is generated by wireless mobile phone technology.