Madras High Court
Boopalan B vs Union Of India Through Secretary on 28 August, 2024
Author: M.Dhandapani
Bench: M. Dhandapani
W.P.No.8072 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P.No.8072 of 2024
and
W.M.P.No.18684 of 2024
Boopalan B ... Petitioner
Vs.
1.Union of India through Secretary,
Prime Minister Secretariat,
South Block, Secretariat Building,
Raisina Hill, New Delhi, India.
2.Union of India through Secretary,
Ministry of Defence,
IHQ of MoD (Army), South Block,
New Delhi – 110 001.
3.Union of India through Secretary,
Ministry of Telecommunication and IT
Sanchar Bhavan, 20 Ashoka Road,
New Delhi – 110 001.
4.Union of India through Secretary,
Department of Space and ISRO HQ,
Antariksh Bhavan,
New BEL Road,
Bangalore – 560 231.
5.State of Delhi through Secretary,
In respect of DCP,
https://www.mhc.tn.gov.in/judis
Page No.1 of 9
W.P.No.8072 of 2024
DCP Office Complex, P.S. Parliament Street,
New Delhi District,
New Delhi – 110 001. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus, to direct the respondents to
(1)conduct an enquiry on this Havana Syndrome in our country and to
prevent any such high frequency microwave radiations travelling inside
the territory of India, (2) and provide compensation of the above said
amount (i.e) Rs.60 lacs for practicing Society Gathering Module by
Military Intelligence and Defense Space Agency with the help of civil
authorities in the lost restaurant business (3) and recommend the Hon'ble
Central Government to make the Artificial Intelligence Law for
protecting the citizen of India.
For Petitioner : Party-in-person
For Respondents : Mr.T.L.Thirumalaisamy
Central Government Standing
Counsel [R1 to R4]
Notice dispensed with [R5]
*****
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents to (1) conduct an enquiry on this Havana Syndrome in our country and to prevent any such high frequency microwave radiations travelling inside the territory of India, (2) and https://www.mhc.tn.gov.in/judis Page No.2 of 9 W.P.No.8072 of 2024 provide compensation of the above said amount (i.e) Rs.60 lacs for practicing Society Gathering Module by Military Intelligence and Defense Space Agency with the help of civil authorities in the lost restaurant business (3)and recommend the Hon'ble Central Government to make the Artificial Intelligence Law for protecting the citizen of India.
2. The case of the petitioner is that he is an Ex-Serviceman of Indian Army and more than five years, he had become victim of Havana Syndrome where some unknown high frequency microwave radiations pass through his body and weaken him both mentally and physically. From the year 2018, the Satellite Unit through Tri Services Command earlier, and now after birth of Defence Space Agency, is using a technology similar to Havana Syndrome where he is being targetted with high frequency microwave radiation. The causes of Havana Syndrome are the radiation can be felt to him across the body including hitting on spinal area, harming on eyes, tongue and nose, electricity shock on teethes, hitting on brain, headache, chilling, itching on body, smelling, heating by emitting infrared rays, severe aches on his body. By using this technology, they can track every moment of the petitioner's life even when he is inside a building which is serious violation of right to privacy https://www.mhc.tn.gov.in/judis Page No.3 of 9 W.P.No.8072 of 2024 enshrined under Article 21 of Constitution of India. This technology has been used on the petitioner by considering him as lab rat to experiment the adverse affect of this technology by Defence Space Agency, thereby the petitioner suffered a loss to the tune of Rs.60 lakhs in his restaurant business and Trade License of BBMP. Therefore, left with no other option, the petitioner has filed the above writ petition.
3. The petitioner (Party-in-Person) submits that, he is an Ex- Serviceman and he is running a restaurant and there was huge loss to the petitioner in view of the high frequency microwave radiations used by the Defence Space Agency against him. He further submitted that this court is a guardian of individual citizen and it is the duty of this court to protect the petitioner's privacy from the Defence Space Agency. Accordingly, he prays for appropriate orders.
4. Further, the petitioner (Party-in-Person) submitted that notice was not served to the 5th respondent and since the 5th respondent was not a necessary party, notice to the 5th respondent may be dispensed with. In view of the order which this court proposes to pass, notice to the 5th respondent is dispensed with.
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5. Learned Central Government Standing Counsel appearing for the respondents 1 to 4 submitted that this writ petition itself is not maintainable. He also submitted that the writ petitioner claims that he is suffering from Havana Syndrome for the past few years and he can feel the unknown high frequency microwave radiations across his body including hitting on spinal area, harming on eyes, tongue and nose, electricity shock on teethes, hitting on brain, headache, chilling, itching on body, smelling, heating by emitting infrared rays, severa aches on his body. However, he has not produced any document to support his claim. Further, the petitioner has stated that Defense Space Agency is targetting him with the help of radiation can also increase or decrease the intensity of the radiation with ease and while they increase the intensity of the radiation, he suffered the above given harmful effects on his body. The petitioner further alleged that this technology has been using on him by considering him as lab rat to experiment the adverse effect of this technology by Defense Space Agency, which is serious violation of right to life under Article 21 of Constitution of India. However, the petitioner has not stated the period during which he had suffered such illness and when the experiment was conducted and in order to prove the same, he https://www.mhc.tn.gov.in/judis Page No.5 of 9 W.P.No.8072 of 2024 has not produced any evidence to substantiate his allegations and the same are imaginary one without any basis. Further, the petitioner was running restaurant business and Trade License of BBMP, Bangalore and the petitioner obtained a housing loan and committed default, thereby the bank had initiated proceedings under the SARFAESI Act, in which the respondents 1 to 4 have no connection with the above loss of the petitioner. He further submitted that the present writ petition is based on the presumption without any basis or evidence and there is no material evidence to substantiate the claims made by the petitioner. Accordingly, he prays for dismissal of the writ petition.
6. Heard the petitioner (Party-in-Person) and the learned Central Government Standing Counsel appearing for the respondents 1 to 4 and perused the materials available on record.
7. The grievance of the petitioner is that he is an Ex-Serviceman of Indian Army. It is alleged by the petitioner that unknown high frequency microwave radiations was used by the Defence Space Agency as against the petitioner, thereby, he suffered health ailment. However, to prove the same, no document is filed before this court. It is further https://www.mhc.tn.gov.in/judis Page No.6 of 9 W.P.No.8072 of 2024 alleged by the petitioner that the Defence Space Agency trageted the petitioner and this court is unable to understand the reason for the Defence Space Agency to target the petitioner. The reason for such targeting has not been established before this Court by the petitioner. In the absence of any substantive material pointing to the health ailments suffered by the petitioner and also the involvement of the Defence Space Agency in targeting the petitioner, on mere bald allegations, this Court cannot grant any relief to the petitioner. No case is made out for grant of any relief as sought for in this writ petition and the same is liable to be dismissed.
8. Accordingly, this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
28.08.2024
Index : Yes / No
Speaking order / Non-speaking order
Neutral Citation Case : Yes / No
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Note: Issue order copy on 26.09.2024.
To
1.The Secretary,
Prime Minister Secretariat,
https://www.mhc.tn.gov.in/judis
Page No.7 of 9
W.P.No.8072 of 2024
South Block, Secretariat Building,
Raisina Hill, New Delhi, India.
https://www.mhc.tn.gov.in/judis
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W.P.No.8072 of 2024
M.DHANDAPANI, J.
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2.The Secretary,
Ministry of Defence,
IHQ of MoD (Army), South Block,
New Delhi – 110 001.
3.The Secretary,
Ministry of Telecommunication and IT
Sanchar Bhavan, 20 Ashoka Road,
New Delhi – 110 001.
4.The Secretary,
Department of Space and ISRO HQ,
Antariksh Bhavan,
New BEL Road,
Bangalore – 560 231.
5.The Secretary,
State of Delhi,
In respect of DCP,
DCP Office Complex, P.S. Parliament Street, New Delhi District, New Delhi – 110 001.
W.P.No.8072 of 2024
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