J&K HC Dismisses Plea Against Use of Pellet Guns in Kashmir

Srinagar: The Jammu and Kashmir High Court on Wednesday declined to ban pellet shot-guns, the use of which by police and security forces has blinded hundreds in the region during protests since 2010.

Dismissing the petition filed by the Kashmir High Court Bar Association, the High Court refused to ban pellet-guns as a means of crowd control, stating the use of force is inevitable as long as there is violence by “unruly mobs”.

The lawyer’s body had filed the petition in 2016, the year in which Kashmir witnessed massive protests in the wake the of killing of militant commander Burhan Wani in July. The government forces used bullets and pellets fired from shot-guns at the protesters to quell them, following which hundreds were grievously injured, especially those shot in the eye, many of whom were either completely or partially blinded. Close to 100 persons reportedly died in the summer-long protests due to bullet injuries and many among them after being hit by pellet-guns.

The Bar had also sought an approval from the Court against officials who were involved in firing pellets, both against protesters and non-protesters after July and demanded their prosecution “for causing unlawful bodily injury, deprivation of eye sight.”

“If the protest is not peaceful and the Security persons are attacked by a huge and violent mob they have to necessarily use force as their self defence and for protecting public property,” the judgment read.

The division bench of the High Court comprising Justice Ali Mohammad Magrey and Justice Dhiraj Singh Thakur further stated that the kind of force to be used at the relevant time or in a given situation “has to be decided by the persons in charge of the place where the attack is happening.”

“Having regard to the ground situation prevailing as of now and the fact that Government of India, Ministry of Home Affairs has already constituted a Committee of Experts through its Memorandum dated July 26, 2016 for exploring other alternative to Pellet Guns, before filing the report by the Expert Committee and a decision taken at the Government level, we are not inclined to prohibit the use of Pellet Guns in rare and extreme situations,” the bench said.

With regard to the payment of Rs 75,000 to 54 victims, the Court has said the State has fulfilled its obligation. It has added that in case anyone feels they have not been adequately compensated, they can approach a court through a suit.

Earlier in 2016, the High Court, during the hearing of a PIL on pellets had observed that the government was not treating protesters as “their own people”. In the matter, the court had asked the CRPF to explain why most of the injured persons were hit in the eyes and above their knees.

Also, the J&K government in its response to the J&K High Court during 2016 submitted that the manufacturer of pellet guns, used by government forces in crowd-control, said they are generally used for hunting. The company said that no tests were conducted regarding their effect on the human body.