"Beyond Territorial Jurisdiction": Madras High Court Dismisses Ex-Serviceman's Plea Seeking Inquiry Into Havana Syndrome In India
The Madras High Court recently dismissed a plea filed by an ex-serviceman who claimed that the Defence Space Agency was targeting him with the help of 'radiation' which caused severe health conditions and sought an inquiry into the 'Havana Syndrome' in India. A division bench of Justice SM Subramaniam and Justice K Rajasekar noted that the man did not produce any medical records to...
The Madras High Court recently dismissed a plea filed by an ex-serviceman who claimed that the Defence Space Agency was targeting him with the help of 'radiation' which caused severe health conditions and sought an inquiry into the 'Havana Syndrome' in India.
A division bench of Justice SM Subramaniam and Justice K Rajasekar noted that the man did not produce any medical records to establish such reactions in his body.
"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."
The court was hearing the plea of B Boopalan, who claimed that due to high-frequency microwave radiation used by the Defence Space Agency against him, he is suffering from health issues. He submitted that he could feel the unknown high-frequency microwave radiations across his body including hitting on spinal area, harming on eyes, tongue and nose and brain, headache chilling and severe aches in his body.
Boopalan sought directions to the Central Government to conduct an inquiry into Havana Syndrome in the country and prevent any high-frequency microwave radiation travelling inside India's territory. He also sought compensation of Rs. 60,00,000 for practicing Society Gathering Module by the Military Intelligence and Defence Space Agency with the help of civil authorities in the lost restaurant business. He also sought recommendations to the Central Government to make an Artificial Intelligence Law to protect the citizens of India.
A single judge had dismissed Boopalan's petition stating that in the absence of any substantive material pointing to the health ailments, the court could not grant any relief on bald allegations. The single judge had also noted that Boopalan had not established any reason for which the Defence Space Agency may be targeting him. Boopalan thus filed the present appeal against the decision of the single judge.
In the appeal, the Court agreed with the single judge and noted that no cause was established for considering the relief as sought.
The appellant relied on a Harvard Gazette as evidence. Referring to the gazette, the Court noted that even as per a publication in the Harvard Gazette, intelligence agencies were unable to determine what caused the incident in connection with the Havana Syndrome and the police in Vienna were investigating the incidents but couldn't identify the cause of illness.
The Court also noted that as per an FBI report on the Havana embassy victims, the condition was psychologically driven due to stress. The court stated that the incidents were beyond India's territorial jurisdiction.
“The appellant has stated that Havana Technology was first used by Cuba on USA diplomats which became serious issue in 2016 by making more than 200 diplomats family as victim of this and whereas he has also attached The Harvard Gazette as Annexure C in the typed set of papers in the present writ petition as evidence. In this regard, it is submitted that the said Gazette itself, inter-alia mentions that intelligence agencies have been unable to determine what's behind the incident. Further police in Vienna are investigating the incidents, that the cause of illness has not been identified and that a 2018 FBI report on the Havana embassy victims declared their conditions psychologically driven most likely due to stress. The above statement of the petitioner pertains to possible incidents beyond the territorial jurisdiction of India, which are outside the purview of this Department,” the court said.
The court thus observed that apart from the allegations, the appellant had not produced any medical record to establish the reactions in his body. Thus, finding no reason to interfere with the order of the single judge, the court dismissed the appeal.
Counsel for the Petitioner: Mr. Boopalan. B (P-in-P)
Counsel for the Respondents: Mr. T. L. Thirumalaisamy Central Government Standing Counsel
Case Title: Boopalan B v. Union of India and Others
Citation: 2025 LiveLaw (Mad) 117
Case No: Writ Appeal No.3686 of 2024
