NEW DELHI: The Delhi High Court<\/a> on Wednesday termed as “defective” the suit of actress-environmentalist Juhi Chawla<\/a> against setting up of 5G<\/a> wireless networks in the country and said it was filed for “media publicity”. 德里高等法院周三称为“缺陷”的西装actress-environmentalist Juhi拉反对设立5 g无线网络,说这是申请“媒体宣传”。 新德里:德里高等法院周三称为“缺陷”actress-environmentalist的西装Juhi拉对建立的5克无线网络,说这是申请“媒体宣传”。
The court<\/a> also questioned Chawla for filing the suit without giving any representation to the government<\/a> on her concerns related to the technology.
Justice J R Midha said the plaintiffs, Chawla and two others, were required to first approach the government for their rights and if denied, they should come to the court.
The court, which reserved order on the suit after hearing the arguments of various parties, also asked as to why as many as 33 parties have been added to the plaint and said it is not permitted under the law.
“It is not the sweet will of the plaintiff to join as many parties and cause of action. Please see the memo of parties. Tell me how you have joined them. Every party cannot be arrayed in the suit,” the judge said.
The court further said, “It is a defective plaint. This suit has been filed only for media publicity and nothing more than that. It is very shocking.”
“Did you approach the government with a representation? If yes, is there any denial?,” the court asked to which the plaintiffs' counsel replied in negative.
The court said in the suit, the plaintiff says ‘I have personal knowledge of paragraphs 1 to 8' only.
“Plaintiff has no personal knowledge of the plaint. I am surprised. How can it be? Is the suit permissible when the plaintiff has no personal knowledge of the averment? I have not seen a suit where a person says I don't know, please conduct an inquiry,” the judge said.
The court asked about the knowledge of plaintiffs on the facts and warned to prosecute them on filing false claims.
The plea claimed that 5G wireless technology<\/a> threatens to provoke serious, irreversible effects on humans and permanent damage to the earth's ecosystems.
The suit, filed by Chawla, social worker Veeresh Malik and Teena Vachani, said 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<\/a> that are 10x to 100x times greater than what exists today.
Advocate Deepak Khosla, representing the plaintiffs, said the 5G technology trials involving human population have been done and added that these are not \"pigs and rats\".
The court was hearing arguments only on several applications filed by the plaintiffs, including payment of court fees and permission to institute a suit.
Solicitor General Tushar Mehta and advocate Amit Mahajan, representing the Department of Telecommunications, said the 5G policy<\/a> does not fall in the category of public nuisance and it is obviously not prohibited in law.
Mehta said the plaintiffs need to show how the technology is wrongful and termed the suit as an ill-conceived litigation.
Mahajan said the plaintiffs could have filed a PIL if they wanted to avoid depositing court fees.
“What is the hidden agenda”, he said, adding that a petition on similar issues was earlier filed by the plaintiffs before the Bombay High Court and it was not pending in the Supreme Court, which was the reason for not filing a PIL and instituting a private suit.
Senior advocate Kapil Sibal, representing private telecom companies, said launching of 5G technology is a policy of the government and as it is a policy, it cannot be a wrongful act.
On the issue of public nuisance, he said it has to be first established by the plaintiffs that the policy is a public nuisance and they cannot just make averments and get the relief.
“They have to establish that the policy itself is wrong,” he said.
Kholsa said the implementation of 5G technology should not be done at the cost of others.
On being asked by the court as to what was the special damage done to the plaintiffs, the counsel said, “I am suffering radiation every time I use a cellphone”.
The suit has 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.
“This suit will reveal a complete sell-out by the regulatory agencies who, statutorily, have been tasked to protect the health and life of the public, but whose actions reveal an utter derogation of their own statutory duty in order to advance private interests...,” the plea has alleged.
“Since ‘prevention' is well-accepted to be far better than ‘cure', immediate measures must be taken to protect humanity and the environment, in accordance with ethical imperatives as well as formal international agreements, before such harm is actually unleashed,” it said.
The plea said that in April 2019, Brussels became the first major city in the world to halt any further steps in the 5G rollout on account of health hazards.
“In fact, as recently as on May 5, 2021, the Parliament of Belgium, still not willing to allow 5G rollout in Brussels, invited 45 ordinary citizens drawn at random to address it on their concerns, assuring them that the 5G roll-out will not be permitted till they are heard by Parliament and their concerns are properly and fully addressed,” it said.
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HC调用Juhi拉起诉5 g技术“缺陷”,说申请媒体宣传
的法院还质疑Chawla备案这个套装没有任何表示政府在她的相关技术问题。
正义J R闵毅达说原告,拉两人,第一种方法所需政府为自己的权利,如果否认,他们应该到法院。
保留订单的法院,诉讼听到各方争论后,还问为什么多达33个政党已经被添加到诉苦,说它是不允许的。
法院进一步说,“这是一个有缺陷的感叹。这套衣服已经提出只对媒体宣传而已。这是非常令人震惊的。”
“你方法表示的政府吗?如果是的,有否定吗?”,法院要求,原告律师在负面的回答。
法院在诉讼,原告说“我有个人知识段落1到8的。
“原告没有个人知识的感叹。令我感到惊讶。为什么会这样呢?是适合容许当原告没有个人知识断言?我还没有看到一个西装,一个人说我不知道,请进行调查,”法官说。
法院询问原告的事实和知识警告起诉他们在提交虚假索赔。
答辩称,5 g无线技术可能会引起严重的、不可逆转的影响人类和永久性的破坏地球的生态系统。
提出的诉讼,乔,社会工作者Veeresh马利克和Teena Vachani,说,如果电信行业的5 g计划来实现,没有人,动物,鸟,昆虫和植物在地球上能够避免暴露,一天24小时,一年365天,水平的射频辐射10 x 100 x倍大于今天存在。
代表原告主张Deepak斯拉说,5 g技术试验涉及人口已经完成和补充说,这些都不是“猪和老鼠”。
法院听证会原告提交的参数只在几个应用程序,包括支付诉讼费和研究所西装的许可。
副检察长梅塔和主Amit Mahajan,印度电信部代表说,5克政策不落在公害的范畴,它显然不是法律禁止。
梅赫塔说,原告需要展示技术,称为诉讼案作为一个考虑不周的诉讼。
Mahajan说:原告可以提起公益诉讼,如果他们想要避免沉淀法院费用。
“隐藏议程是什么”,他说,并补充说一份请愿书在类似的问题上被原告提起早些时候在孟买高等法院和不等待最高法院,没有提起公益诉讼的原因,建立一个私人诉讼。
高级主Kapil Sibal,代表私营电信公司,说发射5 g技术是政府的政策,这是一个政策,它不能被一种错误的行为。
公害问题上,他说必须首先建立了原告的政策是一种公害,他们不能做出断言,得到解脱。
“他们必须建立政策本身是错误的,”他说。
Kholsa说5 g的实现技术不应该做而不惜牺牲他人的利益。
在法院被要求什么特殊伤害原告,律师说,“我遭受辐射每次我使用手机”。
诉讼寻求方向向当局向公众证明5 g技术如何对人类是安全的,动物和每一种生物,动植物。
“这套衣服将揭示一个完整的出卖的监管机构,依法,一直负责保护公众的健康和生命,但其行动揭示一个彻底的堕落自己的法定职责,以促进私人利益……,“有所谓。
“既然“预防”是广为接受的要远比“治愈”,必须立即采取措施来保护人类和环境,符合伦理要求以及正式的国际协议,这种伤害是释放之前,”它说。
请求说,2019年4月,欧盟成为世界上第一大城市停止任何进一步的步骤5 g推出的健康危害。
“事实上,早在5月5日,2021年,比利时的议会,还不愿意允许5 g推出在布鲁塞尔,邀请45普通公民来解决他们的问题,随意抽出5 g转出,他们将保证不允许直到他们由议会和他们的问题是正确和完全解决,”它说。
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NEW DELHI: The Delhi High Court<\/a> on Wednesday termed as “defective” the suit of actress-environmentalist Juhi Chawla<\/a> against setting up of 5G<\/a> wireless networks in the country and said it was filed for “media publicity”.
The court<\/a> also questioned Chawla for filing the suit without giving any representation to the government<\/a> on her concerns related to the technology.
Justice J R Midha said the plaintiffs, Chawla and two others, were required to first approach the government for their rights and if denied, they should come to the court.
The court, which reserved order on the suit after hearing the arguments of various parties, also asked as to why as many as 33 parties have been added to the plaint and said it is not permitted under the law.
“It is not the sweet will of the plaintiff to join as many parties and cause of action. Please see the memo of parties. Tell me how you have joined them. Every party cannot be arrayed in the suit,” the judge said.
The court further said, “It is a defective plaint. This suit has been filed only for media publicity and nothing more than that. It is very shocking.”
“Did you approach the government with a representation? If yes, is there any denial?,” the court asked to which the plaintiffs' counsel replied in negative.
The court said in the suit, the plaintiff says ‘I have personal knowledge of paragraphs 1 to 8' only.
“Plaintiff has no personal knowledge of the plaint. I am surprised. How can it be? Is the suit permissible when the plaintiff has no personal knowledge of the averment? I have not seen a suit where a person says I don't know, please conduct an inquiry,” the judge said.
The court asked about the knowledge of plaintiffs on the facts and warned to prosecute them on filing false claims.
The plea claimed that 5G wireless technology<\/a> threatens to provoke serious, irreversible effects on humans and permanent damage to the earth's ecosystems.
The suit, filed by Chawla, social worker Veeresh Malik and Teena Vachani, said 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<\/a> that are 10x to 100x times greater than what exists today.
Advocate Deepak Khosla, representing the plaintiffs, said the 5G technology trials involving human population have been done and added that these are not \"pigs and rats\".
The court was hearing arguments only on several applications filed by the plaintiffs, including payment of court fees and permission to institute a suit.
Solicitor General Tushar Mehta and advocate Amit Mahajan, representing the Department of Telecommunications, said the 5G policy<\/a> does not fall in the category of public nuisance and it is obviously not prohibited in law.
Mehta said the plaintiffs need to show how the technology is wrongful and termed the suit as an ill-conceived litigation.
Mahajan said the plaintiffs could have filed a PIL if they wanted to avoid depositing court fees.
“What is the hidden agenda”, he said, adding that a petition on similar issues was earlier filed by the plaintiffs before the Bombay High Court and it was not pending in the Supreme Court, which was the reason for not filing a PIL and instituting a private suit.
Senior advocate Kapil Sibal, representing private telecom companies, said launching of 5G technology is a policy of the government and as it is a policy, it cannot be a wrongful act.
On the issue of public nuisance, he said it has to be first established by the plaintiffs that the policy is a public nuisance and they cannot just make averments and get the relief.
“They have to establish that the policy itself is wrong,” he said.
Kholsa said the implementation of 5G technology should not be done at the cost of others.
On being asked by the court as to what was the special damage done to the plaintiffs, the counsel said, “I am suffering radiation every time I use a cellphone”.
The suit has 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.
“This suit will reveal a complete sell-out by the regulatory agencies who, statutorily, have been tasked to protect the health and life of the public, but whose actions reveal an utter derogation of their own statutory duty in order to advance private interests...,” the plea has alleged.
“Since ‘prevention' is well-accepted to be far better than ‘cure', immediate measures must be taken to protect humanity and the environment, in accordance with ethical imperatives as well as formal international agreements, before such harm is actually unleashed,” it said.
The plea said that in April 2019, Brussels became the first major city in the world to halt any further steps in the 5G rollout on account of health hazards.
“In fact, as recently as on May 5, 2021, the Parliament of Belgium, still not willing to allow 5G rollout in Brussels, invited 45 ordinary citizens drawn at random to address it on their concerns, assuring them that the 5G roll-out will not be permitted till they are heard by Parliament and their concerns are properly and fully addressed,” it said.
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