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