The Supreme Court on Wednesday asked the Centre to give an assurance that pellet guns will not be used indiscriminately or in excess in Jammu & Kashmir and will be resorted to only after proper application of mind by concerned authorities.
The comment by the court came on a petition filed by the Jammu & Kashmir High Court Bar Association challenging the order passed by the High Court of J&K refusing to stay the use of pellet guns for mob control. The HC took into note a notification issued by the Centre on July 26, 2016 constituting an Expert Committee to explore other alternates to replace pellet guns.
The apex Bench of Chief Justice TS Thakur and Justice DY Chandrachud sought response of the Centre and J&K Government to the Bar Association’s petition by January 30. The Court requested Attorney General Mukul Rohatgi to assist in the matter and wished to know if the Expert Committee had prepared its report.
Till such time, the Court told Rohatgi to seek instructions on the Standard Operating Procedure (SOP) governing use of pellet guns. “You can take instructions and make a statement before us that will reassure the petitioners that the use of pellet guns will not be indiscriminate or excessive. It will only be used after proper application of mind.”
Senior advocates ZA Shah and MA Qayoom who appeared for the petitioner Bar Association urged the Court to stay the use of pellet guns as an interim measure. The association claimed that pellet guns used to control street protests in the Valley following the killing of Hizbul commander Burhan Wani had resulted in loss of about 100 lives and left several others injured.
Rohatgi objected to this demand and informed the Court that as on date, the pellet guns are used as per SOP which requires prior order of Magistrate or senior police functionary. “We are using pellet guns instead of bullets. If somebody dies due to pellets, it is unfortunate. It may have its evils but we are in the process of having a better system,” A-G said.
The top law officer also opposed the petitioner’s request to direct the presence of the Magistrate at the spot where pellet gun is to be used. The A-G submitted this was not workable. All that is required is the permission of Magistrate if he is present on the spot or else, any senior police officer, who can be present there in his place, he added.