The High Court in Jammu & Kashmir on Thursday rejected the plea of a prominent lawyers’ body on banning the use of pellet guns saying the use of force is inevitable as long as there is violence by unruly mob. The court, however, asked the State Government to establish adequate facilities for the victims of pellet injuries.
The Kashmir High Court Bar Association, a representative forum of lawyers, which was a constituent of the All Parties Hurriyat Conference (APHC) till its split in 2003, had filed a public interest litigation in the HC seeking a ban on the use of pellet guns, which have wreaked havoc in the Valley during the current uprising that started after the killing of Hizbul Mujahideen terrorist Burhan Wani on July 8.
The use of pellet guns by security forces to control violent crowds in Kashmir Valley has resulted in injuries to thousands and even some deaths. The use of pellet guns drew flak within Kashmir and outside as many civilians lost their eyesight due to pellet injuries.
However, a Division Bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey declined to consider the lawyers’ contention on use of pellet guns.
“So long as there is violence by unruly mob, use of force is inevitable. What kind of force has to be used at the relevant point of time or in a
given situation or place, has to be decided by the person in-charge of the place where
the attack is happening,” the court said.
The lawyers had submitted that the security forces had used ‘excessive force’ to control the stone pelting mob but the court said that it cannot decide as to whether the use of force in a particular incident was ‘excessive’ without any report rendered by the competent forum or authority.
The Bench referred to the committee of experts constituted by the Central Home Ministry for exploring alternatives to the pellet guns and said that pending a decision by the Central Government the Bench is not “inclined to prohibit the use of pellet guns in rare and extreme situations”.
Home Minister Rajnath Singh on September 5 told a Press conference in Srinagar that the expert committee has submitted its report well before its deadline of two months and suggested the use of chilli-filled PAVA shells as an alternative to pellet guns.
The Bench also declined to consider the Bar’s plea to prosecute the officers who ordered the use of pellet guns and those who actually fired them. “The same cannot be considered in this petition as no findings on use of excessive force, violating the guidelines issued in Special Operating Procedure, have been recorded by any fact-finding authority. Hence the persons alleging use of excessive force due to which death or injury has occurred, can very well approach the appropriate forum to establish the same and seek redressal,” the Bench declared.
The court also directed the authorities to ensure that all injured persons are provided adequate medical treatment. “If specialists are not available in the State, appropriate arrangement has to be made to treat the patients by inviting specialists in the State or to shift the patients to hospitals outside the State wherever specialists are available,” the court said.