Juhi Chawla also challenged single judge's finding that the motion was preferred only to gain publicity
Actor-environmentalist Juhi Chawla on Wednesday moved the division bench of Delhi High Court challenging the single bench order which had dismissed a lawsuit filed against the setting up of 5G wireless networks in the country.
In her appeal, Mr Chawla stated that the single bench order dismissing the suit is bad in law as a suit can only be dismissed once it has been allowed to be registered as a suit by the Court.
The actor further stated that the single bench imposed costs on her even after plaint had not been permitted by him to make sure into a 'suit', and acting without jurisdiction, contrary to the law.
She also challenged the single judge's finding that the motion was preferred only to gain publicity, whose motive was inferred by the learned single judge merely from the fact that Plaintiff had circulated the video-conferencing link of the High Court on her social media accounts which had resulted in the repeated disruption of the Court proceedings held on June 4, 2021.
The division bench of Justice Vipin Sanghi and Justice Jasmeet Singh is scheduled to hear the matter on Thursday.
Single Bench of Justice JR Midha had dismissed the lawsuit filed by actress-environmentalist Juhi Chawla against the setting up of 5G wireless networks in the country.
The bench of Justice JR Midha while passing the judgement had said that Plaintiffs (Juhi Chawla and the other two petitioners) abused the process of law and imposed costs of Rs 20 lakh on plaintiffs.
The court in its order said, "It appears that the suit was for publicity. Plaintiff Juhi Chawla circulated the link of the hearing on social media which created the disruption thrice. Delhi Police shall identify the persons and take action against those who created disruption."
According to the petition, the plaintiffs sought direction from the "arrayed defendants" to certify that 5G technology is safe for humans and every type of living organism and to produce their studies regarding RF radiation in support.
The spokesperson further said that if not already conducted, efficient research should also be conducted without the participation of private interests.