Allahabad High Court
S.P. Singh Raghav & Another vs State Of U.P. & Others on 11 August, 2010
Bench: Sunil Ambwani, Kashi Nath Pandey
Court No. - 32 Case :- WRIT - C No. - 68244 of 2009 Petitioner :- S.P. Singh Raghav & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Siddharth Khare,Ashok Khare,Shashi Nandan Respondent Counsel :- C.S.C.,Q.H. Siddiqui,Subodh Kumar Hon'ble Sunil Ambwani,J.
Hon'ble Kashi Nath Pandey,J.
We had passed orders on 17.12.1999 and 24.5.2010 requesting the Bharat Sanchar Nigam Ltd (BSNL), to carry out scientific studies of the effect of electro-magnetic waves on the human bodies. The direction was issued in larger public interest concerning the health of the citizens of the country living with short distance of GSM, BTS, E/A and GBT Towers We are deeply pained to observe that inspite of our repeated request, the BSNL has neither taken any steps, nor shown concern for compliance.
Sri Subodh Kumar, learned counsel appearing for the respondent BSNL submits that in pursuance to the orders of the Delhi High Court, the BSNL has engaged an Agency, to carry out the scientific studies.
It appears that the BSNL is more concerned with the orders passed by the Delhi High Court as they get larger publicity.
Without going into the issue, as to which order has to be complied with first, we may observe that if the orders passed in public health are treated so casually, the court may exercise its extraordinary powers under Article 226 of the Constitution, to summon the CMD, BSNL to appear at the Bar of the court to explain the delay.
Sri Subodh Kumar prays for a week's time to inform the court whether any steps have been taken by the BSNL in compliance of our orders.
List on 18.8.2010.
The interim order will continue to operate till furthers passed by this Court.
Let a certified copy of this order be supplied to the learned counsel for BSNL on payment of usual charges today.
Order Date :- 11.8.2010 nethra