Centre Agrees In Karnataka High Court To Consider Representation Seeking Enquiry On 'Havana Syndrome' In India

The Union Government has informed the Karnataka High Court that it would look into the representation made to it for conducting an enquiry on possibility of ‘Havana Syndrome’ in India.

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.

Havana Syndrome is a mysterious neurological illness that is said to have struck American diplomats and spies in many parts of the world. Many US officials and their family members have reported symptoms of the illness, which include migraines, nausea, memory lapses, and dizziness. American officials deputed at the US embassy in Cuba first reported the symptoms in 2016

The petitioner had approached the court seeking a direction to the Government to conduct an enquiry on the Havana Syndrome and prevent any such high frequency microwave radiations from travelling inside the territory of India.

The counsel for the petitioner argued that whatever be the grievance made out in the representation, the authorities are bound to consider the same in accordance with law since that is the mandate under Article 350 of the Constitution of India.

Article 350 stipulates every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State.

The Central Government Counsel initially opposed the petition contending that the question of considering the representation would arise if right to consideration is demonstrated, and not otherwise. However, later he submitted that he would instruct his client (Union of India, Represented by its Secretary, Department of Telecommunications Ministry of Communications and IT) to look into the grievance of petitioner as has been aired in the subject representation in accordance with law and in a time bound way.

Following which the court disposed of the matter.

In 2021, USA passed a law titled—Helping American Victims Afflicted by Neurological Attacks Act of 2021 (HAVANA Act of 2021), to authorize the provision of payment to personnel of the Central Intelligence Agency who incur qualifying injuries to the brain, to authorize the provision of payment to personnel of the Department of State who incur similar injuries, and for other purposes.

Case Title: A Amarnath Chagu And Union of India

Case No: WRIT PETITION NO. 22221 OF 2021

Citation: 2023 LiveLaw (Kar) 295

Date of Order: 27-07-2023

Appearance: Advocate Srikanth V K for Petitioner.

CGC Aditya Singh for Respondent.

Click Here To Read/Download Order