The Madras High Court recently dismissed a petition filed by an ex-serviceman, B. Boopalan, who alleged that the Defence Space Agency was using high-frequency microwave radiation against him, resulting in severe health issues. He sought an inquiry into the presence of 'Havana Syndrome' in India.
A division bench comprising Justice S.M. Subramaniam and Justice K. Rajasekar ruled against the plea, citing the absence of medical records or substantial evidence to support his claims.
"Pertinently, the appellant has not produced any medical records to establish such reactions in his body. The allegation is that Defence Space Agency is targeting him with the help of radiations, which is causing harmful effects on his body," observed the court.
Claims and Legal Standpoint
Boopalan, who stated that he previously ran a restaurant, claimed that due to the alleged radiation, he suffered from various health complications, including pain in his spinal area, vision issues, irritation in his tongue and nose, severe headaches, and body aches. He asserted that he could physically feel the impact of high-frequency microwaves on his body.
Apart from seeking a government-led investigation into Havana Syndrome in India, he requested a compensation of Rs. 60,00,000 for financial losses incurred due to what he referred to as "Society Gathering Module" practices employed by the Military Intelligence and Defence Space Agency. He also called for the introduction of Artificial Intelligence legislation to safeguard Indian citizens.
The High Court, however, upheld an earlier decision by a single-judge bench, which had dismissed the petition on the grounds that Boopalan had failed to provide concrete evidence linking his ailments to any actions of the Defence Space Agency.
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Court's Observations
The court noted that Boopalan relied on a Harvard Gazette publication as evidence. However, upon reviewing the document, the court pointed out that even intelligence agencies globally had not yet determined the cause of Havana Syndrome.
"The Harvard Gazette itself mentions that intelligence agencies have been unable to determine what is behind the incidents. Further, police in Vienna are investigating similar cases, but the cause of illness has not been identified. A 2018 FBI report on Havana Syndrome victims from the U.S. embassy concluded that the condition was psychologically driven, most likely due to stress," the court stated.
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Given that the matter involved possible incidents beyond India's territorial jurisdiction, the court ruled that the case fell outside the scope of legal intervention in India.
Final Verdict
Observing that no medical records had been produced to corroborate Boopalan’s claims, the court found no justification to interfere with the prior ruling. Consequently, the appeal was dismissed, affirming the decision of the single-judge bench.
Case Details:
- Case Title: Boopalan B v. Union of India & Others
- Case Number: Writ Appeal No. 3686 of 2024
- Judges: Justice S.M. Subramaniam and Justice K. Rajasekar
- Petitioner's Counsel: Mr. Boopalan B (Party-in-Person)
- Respondents' Counsel: Mr. T.L. Thirumalaisamy, Central Government Standing Counsel
