The Centre agrees in the Karnataka High Court to review a request to investigate the ‘Havana Syndrome’ phenomenon within India.
Title: A Amarnath Chagu And Union of India
Case No: WRIT PETITION NO. 22221 OF 2021
Date of Order: 27-07-2023
CORAM: HON’BLE JUSTICE KRISHNA S DIXIT
INTRODUCTION
The Karnataka High Court has been notified by the Central Government that it will examine the request to investigate the potential occurrence of ‘Havana Syndrome’ within India.
FACTS OF THE CASE
the person approached the court with the request to the court had asked for an order to the Government to investigate the Havana Syndrome and stop any similar high-frequency microwave radiations from entering India.
The lawyer representing the person making the request argued that no matter what issue is raised in the complaint, the authorities are obligated to address it legally, as specified in Article 350 of the Indian Constitution. Article 350 ensures that every individual has the right to present a complaint to a Union or State officer or authority in any of the languages used in the Union or State for the purpose of seeking redress for any grievances.
OBSERVATION
A single judge bench of Justice Krishna S Dixit disposed of the petition filed by one A Amarnath Chagu and directed the Union Government to consider his representation in three months
Initially, the legal representative of the Central Government opposed the plea, arguing that the petitioner must prove their right to consideration before the representation could be addressed. However, later on, the representative changed their stance, indicating that they would advise their client (the Union of India, represented by the Secretary of the Department of Telecommunications, Ministry of Communications and IT) to investigate the petitioner’s concerns as outlined in the representation, in compliance with the law and within a specified timeframe.
In 2021, the United States enacted a law known as the “Helping American Victims Afflicted by Neurological Attacks Act of 2021” (HAVANA Act of 2021). This law authorizes compensation to CIA personnel who suffer qualifying brain injuries, as well as providing payment to Department of State personnel who experience similar injuries, along with other purposes.
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Written by- Shreya Sharma