Delhi HC dismissed civil suit filed against 5G on grounds of being defective and vexatious
The Delhi High Court dismissed a civil suit filed by actor and environmentalist, Juhi Chawla, against the roll out of 5G as the same was defective, vexatious and not maintainable.
The bench observed that the civil suit had been filed for publicity as the link of hearing had been circulated on social media. The bench also directed issuance of contempt show-cause notice against the individuals who barged into the hearing and sang the actor’s movie songs.
In the instant case, the plaintiffs had filed a case against the roll of 5G telecommunication services in the country and sought for restraining orders against the steps which would be undertaken by the government in order to establish 5G network.
The plaintiff’s counsel submitted that the steps like spectrum allocation and licensing would result in short term and long term harm on the human beings, plants, animals and would’ve a detrimental effect on the environment. The counsel clarified that the plaintiffs are not against the 5G policy but the measures which would be undertaken to implement it.
The counsel concluded that the public money is being used to conduct studies on 5G services and the same has not yet completed, but the government has started with its implementation.
The bench noted in the order that the plaintiffs have misused and abused the process of law and this could be understood from the evidence wherein the plaintiff 1 i.e. Juhi Chawla had circulated the link of hearing. Further, the bench expressed its displeasure due to the multiple disruptions during the hearing.
The bench directed the plaintiffs to deposit cost of Rs. 20 lakhs. The counsel prayed before the bench for a stay on costs but the same was rejected by the bench on the ground that the matter had been over and the parties should’ve known the limits.
The bench went on to note that the plaintiffs had failed to make out a case and sue in representative capacity and therefore, the held the plaint to be defective and not maintainable.