Thread by @barandbench

Delhi HIgh Court will today hear Juhi Chawla's suit against the "untested" implementation of 5G technology.

Hearing before Justice JR Midha.

#JuhiChawla #5G #5ginindia
#DelhiHighCourt

@iam_juhi

In her suit filed before the High Court, Chawla along with Veeresh Malik and Teena Vachani, argued that until and unless 5G technology is "certified safe", its roll out should not be permitted.

#JuhiChawla #5G

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Court : We will take this matter at 3 pm. Mr Khosla, send a 2 page note. We will take up three applications. If court grants permission and issues notice, respondents can make submissions.

#JuhiChawla

Court notes there are four applications.

Mr Khosla, you don't have to share note with them (respondent). Their audience starts after notice is issued : Court

#JuhiChawla #5G

One of the applications pertain to leave to institute the suit.

#JuhiChawla

Adv Amit Mahajan for Department of Telecom: Have it on Friday.

No, 3 pm : Court

If the Respondents want to have 5G trial in the Thar desert or where their employees reside.. : Adv Deepak Khosla for Juhi Chawla and other plaintiffs.

#5G

First of all notice has to be issued to you. I'm permitting you to give note to see if audience is required: Court to Mahajan

#JuhiChawla

Hearing to resume at 3 pm.

#JuhiChawla

Hearing resumes.

#JuhiChawla #5G #5ginindia #5Gtesting

Where is your note : Court

We mailed at 2 pm : Khosla

Court says it has not received any note from him.

#JuhiChawla

One note is from Mr Amit Mahajan. One is my Def 26, 26, 29 : Court

I'm there : Senior Adv Kapil Sibal

#JuhiChawla

Court says it will start once note from Khosla is received.

Someone keeps interrupting: Where is Juhi ma'am? I can't see Juhi ma'am.

#JuhiChawla

Complete within 20 mins. First court fees, then section 80 and then leave to institute the suit: Court to Khosla

#JuhiChawla #5G

Due to COVID constraints, we need time submit court fees. We've paid partial court fees. Rs 12210 is the court fees: Khosla continues to make submissions of court fees.

#JuhiChawla

If court is objecting to quantum of court fees .. : Khosla

Don't say on conditions.. : Court

We've prayed for time to pay appropriate amount of court fees. Which is Rs 12210. Convention is that court fees for Delhi HC has to be more than Rs 2 lakh: Khosla

#JuhiChawla

Whatever be the amount deemed to be appropriate by court.. if it is more than Rs 12k, I will submit in protest: Khosla

#JuhiChawla

Someone sings a song from Juhi Chawla's movie.

Mr Rana, mute them.. : Court

I hope these are not distractions from the defendants: Khosla

He continues to make submissions on the point of court fees.

#JuhiChawla

One person keeps singing songs from Juhi Chawla's movies.

Court asks court master to remove the person and lock the meeting.

#DelhiHighCourt #JuhiChawla

Please proceed to next point: Court

Khosla makes submissions on Section 80 CPC which mandates a notice of 60 days before instituting suit against State.

#DelhiHighCourt #JuhiChawla

5G rollout has not happened but trial involving human population has happened. These are not pigs and rats.. these are trials on human population. Court may allow waiver of section 80 : Khosla

#JuhiChawla #5G

Here we are seeking a State actor by a State actor against another State actor.. Suit would be maintainable even if Section 91 was not invoked: Khosla

#DelhiHighCourt #JuhiChawla

Khosla presses upon the Precautionary Principle to institute the suit.

#JuhiChawla #5G

Same person sings another song.

Please identify and issue contempt notice. Contact Delhi Police IT department. We'll issue notice: Court

#DelhiHighCourt #JuhiChawla #5Gtesting

What are you inputs? : Court to Amit Mahajan for DOT.

Section 80 is a mandatory compliance. Court is debarred for entertaining a suit when there is no compliance. Only exception is urgent relief. He has to file an application: Mahajan

#5Gtesting #5G

They want waiver of section 80.. on the ground that all entities have been served..and it is mere empty formality. There is a purpose. You shouldn't indulge the govt is unnecessary litigation: Mahajan

#5Gtesting #JuhiChawla

Solicitor General Tushar Mehta has joined the meeting.

#JuhiChawla #5G

I appear for Central Government.. the suit really is frivolous. These are rare instances where power under sec 9 may be exercised. There is no cause of action: SG Tushar Mehta

#DelhiHighCourt #5G #JuhiChawla

Court says it is yet to take up the suit on merits.

Only after permission is given.. I've not heard Mr Khosla on merit. If we cross over this hurdle, we'll see. Section 80 law is very clear. Court has the discretion: Court

#JuhiChawla #5G

Section 91 suit for general public can be by Advocate General or by permission of court. These are the applications. What do you say ok court fees: Court

No case for court fees is made out : SG Tushar Mehta

#5G #JuhiChawla

Mahajan on court fees : This is in the sense a public interest litigation. They could have filed a PIL and avoided court fees. What is the hidden agenda. Writ petition was filed by plaintiff before Bombay HC. It is pending before Surpreme Court.

#JuhiChawla #5Gtesting

For the purpose of jurisdiction, the value for court fees and pecuniary jurisdiction have to be the same: Mahajan

#JuhiChawla #5Gtesting

Mahajan continues to make submissions.

He himself feels that he has not paid appropriate court fees but will address it during oral arguments: Mahajan

#5G

What about permission to institute the suit? : Court

Section 91 has not been served to me: Mahajan

Senior Adv Kapil Sibal's office shows sign 'please unmute us'.

#JuhiChawla

This case does not fall under any category of public nuisance ...or wrongful act that is prohibited by law.. 5G is not prohibited by law. It is permitted subject to condition : SG Tushar Mehta

#JuhiChawla #5Gtesting

Court says there is also a condition of "likely".

SG Mehta says it is not a separate category.

It has to show that it affects or is likely to affect.. plaintiff has to show how is it wrongful?.. this is ill conceived : SG Tushar Mehta

#JuhiChawla

5G is the policy of the government. That has to be done through writ proceedings. In a suit issues have to be framed : Senior Adv Kapil Sibal

He says in writ petition he can't lead evidence: Court

#5Gtesting

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: Sibal

#JuhiChawla #5G

Khosla objects to Sibal transgressing into the merits of the case.

I'll come back to you in rejoinder: Court

Mr, Sibal restrict to the applications : Court

Wrongful act has to be made out in the plaint: Sibal

#DelhiHighCourt #JuhiChawla #5G

No cause of action has been made. It is not a proceedings in which you are yet to establish facts : Sibal

Sibal reads section 80.

#JuhiChawla #5G

Urgency is at the heart of the proviso. He himself says I don't want is the impact #5G has on public at large : Sibal

#JuhiChawla

He has to establish first he can file a suit.. if it is established through an enquiry report. He can come under sec 91 and seek interim relief. Whenever an act causes injury pursuant to a fact that is established, section 91 would lie : Sibal

#5Gtesting
#5G

It would be an abuse of process of court : Sibal

I beg to differ that section 91 goes the suit goes. It is an additional point: Khosla

#5G #5Gtesting #JuhiChawla

Khosla says suit can be filed by two persons with the leave of the court even when no damage is caused to them.

It is mis appreciation of law to say that PIL is only writ petition. I've suffered special damage: Khosla

Which portion of plaint is that : Court

#JuhiChawla #5G

Your cause of action para doens't day anything about special damage: Court

Please allow me a moment: Khosla

Khosla reads a portion from the plaint.

#JuhiChawla #5G

I'm not some foreigner who is fighting...public at large means me : Khosla

#JuhiChawla #5G

Khosla reads the plaint.

Mr Sibal said it is a matter of policy. The suit is extensive. I'm not attacking 5G. I'm attacking implementation of #5G technology. But don't do it in a manner at the cost of others : Khosla

#JuhiChawla

Every law is nothing but a social contract. It gives certain rights and duties. If India were a company, it would be India Ltd .. : Khosla

Make legal submissions: Court

Every law can be attacked at the touchstone of contract law : Khosla

#JuhiChawla #5G

Khosla disputes Sibal's submissions that the challenge can only be in a writ proceedings.

A law would come under the definition of statutory instrument : Khosla as he reads CPC provisions.

#5G
#5Gtesting
#JuhiChawla

Under O27, challenge could have been made to a constitutional provision. Civil Judge could have also declared a provision void : Khosla

#DelhiHighCourt #JuhiChawla

There is no statutory instrument involved here : Sibal

There is nothing: SG Tushar Mehta

Khosla continues to read.

#5G #JuhiChawla

Established facts could be danger of imminent nature. I need not be compelled to come under the bus : Khosla

#5G #5Gtesting

I will now read out the Law Commission Report.. it is not just public nuisance.. it also talks about wrongful acts or omission which is not testing 5G before rolling out. I'm not attacking 5G : Khosla

#5G #5Gtesting

Why are you reading Law Commission? Section 91 is quite clear. If court is satisfied, it will grant permission: Court

#DelhiHighCourt #5G #5Gtesting
#JuhiChawla

Khosla says he wants to read five lines of public nuisance.

#JuhiChawla #5G

It is for the defendant to show that there is nonsensical smoke. Probably agarbatti smoke. I'm a cellphone user. I'm being radiated at constantly.. all along I'm showing there is harm, harm, harm : Khosla

#5Gtesting #5G

It is anachronistic. If you want studies done, it means you are not sure. How can you rollout a service whose health implication you are not sure of : Khosla

#5G #JuhiChawla

I'm suffering radiation every time I use a cellphone: Khosla

What is the special damage? : Court

I'll have to read the suit as a whole: Khosla

Did you approach the government? Is there any denial? : Court

I have not: Khosla

Can you approach the court without first approaching the government? Someone has to deny you the right. You have to first approach? How is the suit maintainable in Section 34 Specific Relief Act? : Court

#DelhiHighCourt #JuhiChawla

Where is the cause of action for coming to court? If they take decision against you, you can come.. nobody can straight away come to the court : Court

I'm a citizen of the country.. : Khosla

Let's be clear on law. Read section 34: Court

#JuhiChawla #5G

How do you maintain it? You have to show me a valid plaint : Court

#DelhiHighCourt #5G #5Gtesting #JuhiChawla

As a citizen.. : Khosla

You've not even written to them : Court

It has become an abusive concept in India to make representation. They denied my right when they decided to rollout 5G : Khosla

#DelhiHighCourt #5G

I've RTI replies saying no studies have been done: Khosla

I've read your file. You could have gone to them. In a first instance.. : Court

I'm entitled to believe that everyone is doing their job. Representation is asking somebody to do something : Khosla

#5G

Where is a verification of the plaint? How do you satisfy CPC : Court

Verification is in statement of truth: Khosla

At the end of the plaint.. affidavit has to be separate: Court

I'll file : Khosla

No, I will not permit.

#5G

Is the suit permissible when the plaintiff has no personal knowledge of the averment? I've not seen a suit where a person says I don't know, please conduct an inquiry? : Court

#5G #5Gtesting

How have you joined so many parties? You've joined so many parties? Every party can't be added to the suit. How many people are there: Court

33: Khosla

Law doesn't permit : Court

#5G #5Gtesting #JuhiChawla

Court reads CPC provisions.

You've re-produced entire document, evidence.. you've to only state the facts.. alaw related to joiner of parties has gone to the winds. I'm quite surprised.. permission for what? Defective plaint? This is for media publicity: Court

#JuhiChawla

Order reserved : Court

#DelhiHighCourt #JuhiChawla

Khosla seeks to explain the queries put forth by court.

In 2019, I have a reply from ICMR that there are no studies: Khosla

I'm not commenting on merits. Person has to enter as per Civil Procedure Code, the rules : Court

#JuhiChawla #5G

They are interested in denying me protection when they came out with press release on rolling out #5G.. I can't now tell them to start 5G trial. Only a court can intervene: Khosla

#JuhiChawla

What about the documents that you've re-produced: Court

I seek leave of the court.. all I've done is to refer to studies.. I've followed the spirit: Khosla

Where is knowledge of the plaintiff on facts? Where is the verification? We will prosecute on filing false claim: Court

I can't say I have personal knowledge of outcome of studies. I can only say studies have been done.. : Khosla

#JuhiChawla

Please come to Para 11 of application.. who has advised the patients that they've suffered special damage? : Court

Doctor has. I've not specified in the plaint: Khosla

#JuhiChawla

#JuhiChawla

It is not the sweet will of the plaintiff to join as many parties and cause of action. Please see the memo of parties. Please see.. : Court

Court notes there is government, CPCB, TRAI, Universities.

I've described each defendant: Khosla

#JuhiChawla

Amity University is a party : SG Tushar Mehta

#JuhiChawla #5G #5Gtesting

You please come to order 2 Rule 3. When does CPC permit?.. joinder of causes of action.. where is the satisfaction of requirement? : Court

It is satisfied if you read the description of parties : Khosla

#JuhiChawla #5G

Please come to WHO (and other private entity in Germany).. how can you join them? : Court

It is the same. Policy is framed on WHO guidelines. I'm challenging WHO guidelines: Khosla

#JuhiChawla

I will address issue by issue : Khosla

Sorry. Arguments heard, order reserved: Court

#JuhiChawla

Justice JR Midha leaves the meeting link.

Hearing over.

#JuhiChawla #5G #5Gtesting

Juhi Chawla's plea against 5G rollout defective, for media publicity: Delhi High Court

report by @aditi2118

#JuhiChawla #DelhiHighCourt
#5G

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