J&K HC refuses to ban pellet guns

Srinagar: The J&K high court on Wednesday dismissed a PIL seeking a total ban on the use of pellet shotguns for crowd control by security forces and prosecution of those responsible for using the munitions during the 2016 unrest.

Jammu and Kashmir High Court on Wednesday dismissed a Public Interest Litigation (PIL) seeking a total ban on the use of pellet shotguns for control of crowds by security forces and prosecution of those responsible for using the munitions during the 2016 unrest in the Valley.

A division bench of the court comprising Justices Ali Mohammad Magrey and Dhiraj Singh Thakur held that the government has fulfilled its obligation as it has already made exgratia payments to “most of the injured persons.”

The PIL filed in the court by J&K High Court Bar Association at Srinagar way back in 2016 had said that a large number of people were killed or maimed due to security forces’ firing by pellet shotguns in the erstwhile state and, therefore, a complete ban should be imposed on its use.

However, the court had dismissed the bar council’s plea on September 21 2016 following which the supplicants challenged the ‘interim order’ before the Supreme Court (SC) on the ground that the Centre had already constituted a committee of experts through its memorandum on July 26 that year for exploring alternatives to pellet guns.

The SC had on December 14, 2016 while hearing the case observed that pellet guns should not be used “indiscriminately” for crowd control in J&K but only after “proper application of mind” by the authorities. The apex court referred the matter back to the J&K High Court last year.

Its division bench on Wednesday said that the so far as the first and the second prayers made in the petition are concerned, the court has already recorded a finding in its order dated September 21, 2016. The bar council had in its prayer said that the court should prohibit use of 12-bore pellet guns for crowd control.

The court in its fresh ruling, however, said, “It is manifest that so long as there is violence by unruly mobs, use of force is inevitable. What kind of force has to be used at the relevant point of time or in a given situation/place has to be decided by the persons in charge of the place where the attack is happening”

It also said that the Union home ministry has already constituted a committee for exploring other alternatives to pellet guns.

THE PIL filed in the court by J&K High Court Bar Association at Srinagar had said that a large number of people were killed or maimed due to security forces’ firing by pellet shotguns in the erstwhile state and, so, a complete ban should be imposed on its use