This Article is written by Hitakshi Maggo from Fairfield Institute of Management and Technology
WHAT HAPPENED IN THE 5G CASE?
On 31st May, 2021 Actress Juhi Chawla filed a suit in Delhi High Court against implementation of 5G wireless networks. She is also an activist environmentalists and concern about impact of these radiations on citizens as well as animals. Juhi Chawla point out different issues in her lawsuit, it was stated that, she is not against the implementation of technology but these radiations will resulted in extreme harmful and injurious to health and safety, not only this type of radiation and using of these wireless gadgets one is in constant dilemma of this radiations. She wanted to certify that 5G technology is safe for human beings as well as animals/birds by the concerned department because these are extremely harmful ways.
WHAT IS 5G?
In today’s world we can easily connect our day to day things with the internet for their better usage, this 5G network helps power IOT networks to run these useful items in an effective manner or in other words with better speed. So, this new network or technology will be capable of not just helping power IOT but also ensures fast internet. It is going to be a big generational leap over the 4G technology that exists today. Basically not only this it will also help the media to stream news in a rich way. After all of these 5G has not yet been rolled out in India but yes the spectrum for the test of this new 5G technology has been given to Bharti Airtel, Reliance, Jio, Vodafone-Idea to know it’s benefits and how it will react. It is expected that from 2022 5G technology is going to be implemented in a more effective way or in other ways it is going to spread in an effective way.
PEOPLE AGAINST 5G
5G waves are more powerful than existing technology which can cause harm to humans as well as others. It is important to implement more towers for accurate use of the 5G network which also ensures effective connectivity and due to these it increases human exposure to these radiations. More towers help in high speed performance but result in various other harmful exposure of human and other living beings to these harmful radiations. Now you may think the phone, microwave, cellphones, wifi routers also include radiation. Why are these not in question? is because these devices include non-ionising radiation.
The International Agency for Research on Cancer specified these radiations as possibly carcinogenic which can cause cancer to humans, but the agency also needs more research regarding this 5G technology. It can cause more ionising radiation which can cause cancer by heating up tissues, but as usual research is needed. Dr. Christopher of International Agency for Research on Cancer in his 2010 study on determining the increased risk of tumors while using mobile phones, states that in past decades technology advanced in various ways and in our day to day life we are not able to live without the internet and phones which need more research on risk including in it. Who are against the 5G network stated that WHO has not provided enough protective guidelines for this 5G technology which can cause more harm which is also investigated by independent scientists. Juhi Chawla and others also indicate other studies like the US National Toxicology Program which did research and showed that after prolonged exposure to phone radiations increase cancer rates. For this they request WHO to stop the implementation process or roll out the process of 5G technology.
Not only this WHO conducts a health risk assessment which will analyze these exposures and related concerns which will be published by 2022.
JUHI CHAWLA & OTHERS V. SCIENCE & ENGINEERING RESEARCH BOARD & ORS.
Juhi Chawla, Veeresh Malik and Teena Vachani filed a suit for getting certified safe tag on the implementation of 5G network whether it is safe or not, and also indicates that it’s roll out should not be permitted, before Delhi High court.
DECISION OF DELHI HIGH COURT
On 3rd June, 2021 Delhi High Court dismissed the plea filed by Juhi Chawla against this rollout of 5G network by stating that plaintiffs abused the process of law by circulating links of the hearing on social media. Delhi High court stated that the act shows that the case was only filed for publicity. Because of which the court imposed Rs. 20 lakh on plaintiffs. During the hearing unwanted people were present which also hampers the court proceedings by singing songs of Juhi’s movie, and because of this Court issued Delhi Police a notice to take proper action against them under IT Act.
The Court also stated that before filing a petition Juhi Chawla did not serve the notice under Section 80 CPC. Even the plaint submitted was defective and not maintainable and verified. Also only a few paras were said to be true. The format should be proper in accordance to file a plaint which is also not in proper format in this case. Whenever you file a petition there are personal averments i.e. you filed in accordance to your personal knowledge which is also not present in the petition of Juhi Chawla. The Court also observed that whenever you file the whole of the complaint on legal advice it will not be maintainable.
The Court held that the plaint was defective and the only purpose of filing this suit was media publicity; there are several lapses present in the complaint in terms of CPC. Despite singing songs several of the participants employed thumbs down and laughter emojis which is in total contempt of Court proceedings.
Justice Jag Jivan Ram Midha who dismissed this case on technical ground stated that the suit is flawed. He stated that the plaintiff misused the legal system, which automatically resulted in judicial time waste. That’s why the Court imposed a cost of Rs. 20 lakh which must be deposited by the plaintiff with Delhi State Legal Service Authority within one week. If the money is not deposited within the prescribed time, DLSA will reclaim it in accordance with law.
Section 80 CPC
It is stated that whenever a person wants to file a suit against the government or against a public officer you have to deliver a clear cut notice of two months to that public officer or government. If you are not able to deliver that then you can’t file a suit against that public officer or government. As per in this case, they failed to deliver the prescribed notice to the officials.
Additionally, the Court stated that the case was suited on illogical grounds, hence, the case is totally false or vexatious that’s why Court imposed Rs. 20 Lakh against them in accordance with Section 35A of Code of Civil Procedure.
Section 35A CPC
According to this Section, if a Court came to know that the claims or defence are totally false or vexatious to the knowledge of the party, and only made to waste the time of Court are abandoned or withdrawn in whole or part. Also if the Court thinks fit, it can impose cost on the party by stating the reason for considering that the claim was false or vexatious. That’s why the Delhi High Court imposed Rs.20 lakh cost on Juhi Chawla and others.
Order VI Rule 15 CPC
There should be proper verification of pleadings done by any party of the suit. They have to verify para wise that this statement is verified to be true according to his knowledge or information received and this is believed to be true by the party. Also the person verified, has to sign the verification also by stating the date and place of signing the verification. And at last the person has to attach the affidavit in respect to support his pleadings.
Delhi High court in relation to this rule states that the pleadings are not verified accordingly. That’s why while dismissing the plea, the High Court states in a very serious manner that the plea had been framed in a very frivolous manner where the plaintiff doesn’t have enough knowledge about the facts they are stating. This suit is only filed for media publicity. It was also stated by Delhi High court that, “Plaintiff has no personal knowledge of the plaint. I am surprised. After which the Court held that this case book is in total relation to show law students and others how not to file a plaint without proper format. After that the Court also issues a notice against a person disrupting the proceedings of Court during hearing to Delhi police for identifying those persons.
While filing a suit you have to be in accordance with rules and regulations prescribed by law. Not only this, you have to be sure about the pleadings you are making because if a party to a suit doesn’t don’t know what is going on, you have no right to file it. In the above said case, the party doesn’t know about the fact which is in the eye of the law is wrong and considered as not serious with their own matter. You have to be in format while filing any suit or plaint because it is prescribed by law. Formats and rules are not only the sole purpose, yes it is important but also you have to be sincere about your performance as well as your case. In the above case, how Juhi Chawla circulates her proceeding link over the internet through Instagram and Twitter is totally in violation with ethics of court. Basically, you should have knowledge of court ethics and rules regulations described by law.
5G and its impact on Internet of Things, Star Dust CTG group,https://www2.stardust-testing.com
Mansi Jaswal, Juhi Chawla explains why she filed petition against 5G technology, 9th June, 2021, https://www.google.com/amp/s/www.livemint.com/
Shruti Dhapola, Juhi Chawla’s lawsuit in Delhi HC against 5G, and debate around harmful effects of mobile phone radiation, Indian express, June 8, 20121 https://indianexpress.com/article/explained/juhi-chawla-5g-india-harmful-effects-for-humans-7340640/
CODE OF CIVIL PROCEDURE, 1908 BARE ACT with short notes, Universal, New Delhi
Author-Aditi, “Suit was for publicity:” Delhi High Court dismisses plea by Juhi Chawla against 5G rollout, imposes costs of Rs 20 lakh, Bar&Bench, 4th June, 2021, https://www.barandbench.com/
Live Law News Network,Classic Textbook Case Of How Not To Draft A Plaint, Which Should Be Taught In Law Colleges : Delhi High Court About Juhi Chawla’s Suit,5th June, 2021, https://www.livelaw.in/news-updates/