Can’t ban pellet guns, rules J&K High Court

The court was hearing a PIL filed by J&K High Court Bar Association on July 30.

Written by Sofi Ahsan | Srinagar/jammu | Updated: September 22, 2016 7:51 pm
pellet guns, pellet gun ban, kashmir, kashmir pellet injuries, kashmir pellet gun injuries, pellet gun injuries, kashmir news, j&k hc, jammu kashmir high court, kashmir news, india news A boy with pellet injuries in his eyes.

The Jammu and Kashmir High Court Wednesday declined to ban pellet guns and observed that use of force by security agencies is “inevitable” while dealing with protesters who take to violence.

The division bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey also declined the plea in a PIL to issue directions to prosecute officers involved in use of pellet guns. It said the issue cannot be considered in the present writ petition since no findings of use of excessive force or violation of standard operating procedure (SOP) have been recorded by any fact-finding authority.

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“It is manifest that so long as there is violence by unruly mobs, use of force is inevitable,’’ the court observed. It also said, “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 persons in charge of the place (of attack).”

The court was hearing a PIL filed by J&K High Court Bar Association on July 30.

The court said given the situation in the Valley, and the fact that the Home Ministry has already constituted an experts’ committee to explore alternative to pellet guns, it is not inclined to prohibit use of pellet guns in rare and extreme situations before the committee files its report “and a decision (is) taken at the government level”.

The bench observed that whether police are following SOP while dealing with protests can be individually decided, and no general finding can be given. It said it has “recorded” submissions and statement by the state Advocate General and Director General of Police that guidelines issued in the SOP are being followed. In response to the PIL, CRPF had earlier stated that it is “difficult” to follow SOP on use of weapons in view of the “dynamic and mobile” ground situation. On September 6, J&K Police had told the court that SOPs are being followed, but it is not always possible to maintain the prescribed distance while using pellet guns.

The court also directed health authorities to provide adequate treatment.

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  1. D
    David
    Sep 22, 2016 at 6:50 am
    And the most jihadi person who is a silent cell off course is a Sunni Muslim.
    Reply
    1. A
      abdul
      Sep 22, 2016 at 4:31 am
      An earning for blinds necessary and their life will be not seeing their surrounding . India still not provide away for them there might be least some suicide bombers. Its a fact frustration of a person can lead to violations. lt;br/gt;lt;br/gt;So, Military to ensure pellets not hit at their eyes and its not even seen in other states. So the confusion of people also correct . We treat our people making blind and rejoice .lt;br/gt;lt;br/gt;It has to come and end . We all wish to see a progressed Kashmir,with good jobs,youths are educated, and their sisters are safe and our brave soldiers walks free on street .
      Reply
      1. R
        rajiv
        Sep 22, 2016 at 9:53 am
        The Kashmiri youth are blind folded without pellet guns as they follow Hurriyat conference without using their own brain.From the state of JandK, why problem persist in kashmir , why not in Jammu. Reason is simple, Jammu people do not follow Hurriyat conference who brain washed with SURF the kashmiri youth. Still they do not understand. Repeating mistakes one after the other.
        Reply
        1. R
          rajiv
          Sep 22, 2016 at 9:55 am
          The Kashmiri youth are blind folded without pellet guns as they follow Hurriyat conference without using their own brain.From the state of JandK, why problem persist in kashmir , why not in Jammu. Reason is simple, Jammu people do not follow Hurriyat conference who brain washed with SURF the kashmiri youth. Still they do not understand. Repeating mistakes one after the other.
          Reply
          1. A
            avd
            Sep 22, 2016 at 6:37 am
            The main problem with Kashmiri youths is that they have been respected and given more facilities than other Indian Youths by Govt more than what they deserve.They have been given good education,employment, during flood situation in Kashmir Valley last year, Army Jawans helped them in all possible ways but today they have taken stones in their hands rather than flowers for Jawans .They must thank govt that they are in India and not in stan after partisan. Had they been in stan their life would have just measurable like Baluchis who are suffering in hands stan Army.Therefore be loyal to India and make your career not in India but anylt;br/gt;state of India.
            Reply
            1. I
              imtiyaz
              Sep 22, 2016 at 6:15 am
              the most intelligent person exhibiting his IQ
              Reply
              1. J
                JITENDRA SARANGI
                Sep 22, 2016 at 4:09 am
                mob protest accompanied by terrorists can not be controlled in a way that we think . we are unaware of the ground situation what sometimes turns too violent . pellet can never be banned completely especially in kashmir where there is a potential threat to our security force at all the times. innocent people often become the victim by pellets, that is really bad
                Reply
                1. K
                  Kuldeep Kumar
                  Sep 22, 2016 at 3:44 pm
                  Please ask these s e r p e n t s to focus on their career and avoid pelting of stones on security personnel .
                  Reply
                  1. A
                    ACERBIC
                    Sep 22, 2016 at 1:08 am
                    Pellet guns GOOD , terrorist are EVIL, good triumphs evil, BLIND the evil.
                    Reply
                    1. M
                      muralidhar
                      Sep 22, 2016 at 2:26 am
                      stones are more lethal than pillets
                      Reply
                      1. O
                        OmKar
                        Sep 22, 2016 at 1:48 am
                        Even there parents to be blinded as they have taken money to create problem.
                        Reply
                        1. S
                          Sanjeev S
                          Sep 22, 2016 at 3:10 am
                          So, firing a burst of pellets on a young girl child (14 years old) in the Ist floor of her house is THE Standard Operating Procedure (SOP)? Or is it a situation where SOP is difficult to follow?lt;br/gt;lt;br/gt;The child will now remain blind all of her remaining life (rather long remaining life as is just 14 now).lt;br/gt;She will blind, but all of us, with eyes, seem to much more blind than her already.
                          Reply
                          1. D
                            ds
                            Sep 22, 2016 at 10:28 am
                            why the intellectuals like arundhati roy and 52 others and geelani come and throw stones, using children to save their skin is not tolerable. Face the pellets, mr yechury mrs brinda karat prakash karat if you have guts to throw stones
                            Reply
                            1. S
                              sudhir
                              Sep 22, 2016 at 9:56 am
                              It'll be hard for the police to ensure the pellets won't hit their eyes when they are in a crowd control situation. I only hope the elders in JandK advice these youth not to indulge in stone pelting and focus on their career and education. No one is rejoicing about people going blind. We feel sorry for the misguided youth.
                              Reply
                              1. T
                                taklubaba
                                Sep 22, 2016 at 4:16 am
                                Pellets were fired at terrorists on the first floor who used the child as a human shield. Shame on the terrorists and their intellectual supporters.
                                Reply
                                1. V
                                  vinay
                                  Sep 22, 2016 at 1:29 am
                                  Good judgement, people who cannot differentiate good and bad with their senses are not worth of those senses, they are acting senselessly hence deprive them of all senses.
                                  Reply
                                  1. V
                                    vnksk
                                    Sep 22, 2016 at 4:14 am
                                    To deal with violent stone throwers/ terrorist supporters indulging in violence against security forces, instead of pallet guns actual guns should be used.
                                    Reply
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