Imposes Rs 20L fine calling petitioners’ plea frivolous
Delhi High Court on Friday slapped a heavy fine of Rs 20 lakh on actress Juhi Chawla for filing frivolous petition to stop the 5G trials in India.
Dismissing her petition, Justice JR Midha said that it appeared that the suit was filed to garner publicity, noting how Chawla had circulated web link of the hearing on social media, leading to her fans entering virtually during the first day of hearing.
“Plaintiffs abused process of law. Costs of Rs 20 lakh is imposed on plaintiffs. It appears suit was for publicity. Juhi Chawla circulated link of the hearing on social media,” the court said.
Taking note of the disruptions caused to the hearing on account of the link being made public by Chawla, the court directed that contempt notice be issued against the miscreants. The Bench directed to the Delhi Police to take action and submit a report before the court.
Justice Midha also ruled that the plaint was defective and not maintainable.
“No case made out for leave to institute suit (under Section 80) or to sue in representative capacity. Plaint is defective and not maintainable,” the court held. Further, the court noted that Chawla did not comply with the mandate under Section 80 of the Code of Civil Procedure, and also flouted several other mandates under the Code. Importantly, the court said that the plaint was not verified. It noted that only a few paragraphs were said to be “true to their knowledge”.
During hearing, Chawla’s lawyer could not answer on what basis they are presuming on the chances of radiation and affecting people.
After the pronouncement, Advocate Deepak Khosla, appearing for Chawla and other plaintiffs, sought a stay on the order.
He submitted that the imposition of costs was without any legal basis. Rejecting the request, Justice Midha remarked: “Matter is over. You have your legal remedies.”
Chawla along with Veeresh Malik and Teena Vachani (plaintiffs) filed the suit before the High Court, arguing that until and unless 5G technology is “certified safe”, its roll out should not be permitted. Chawla and others had argued that it was an established fact that there “could be danger of imminent nature” due to 5G and as per RTI responses, no studies had been conducted on the same. The Central Government, however, contended that the suit was not maintainable in view of Sections 80 and 91 of the CPC.
Solicitor General Tushar Mehta, appearing for the Centre, submitted that the suit was frivolous and barred under Section 9 of the Code. The hearing on Wednesday went into chaos after Chawla shared the High Court’s virtual ink in her Twitter accounts, asking her fans to join. And unidentified fan started singing Chawla’s movie song three times and Judge had asked Delhi Police to find out the persons behind stalling the hearing process. Chawla appeared virtually from South Africa.