Updated: March 12, 2020 7:41:19 am
Dismissing a petition seeking a ban on the use of pellet guns in Jammu and Kashmir by security forces, the J&K High Court on Monday reiterated its 2016 decision that said it is “not inclined to prohibit the use of pellets guns”.
“So far as the first (seeking a ban on the use of pellet guns) and the second (seeking a registration of FIR against officials using pellet guns) prayers made in the petition are concerned, the court has already recorded a finding in its order dated 21.09.2016, particularly in paras 22 to 27 thereof, quoted herein above,” a division bench comprising of Justice Ali Mohammad Magrey and Justice Dhiraj Singh Thakur said in its judgment on Monday.
In the 2016 order the division bench referred to, the court had said, “Thus, 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. This Court, in the writ jurisdiction, without any finding rendered by the competent forum/authority cannot decide whether the use of force in particular incident is excessive or not.”
In Wednesday’s judgment, the court also reiterated its decision on the prayer seeking action against security force officials for injuring people with pellet guns.
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“With regard to the contention about non-adherence of SOP, it has to be noted that the Director General of Police on 25.10.2010 issued the SOP which was circulated amongst the lower formations with a direction to adhere to the guidelines in letter and spirit… In the concluding part of the SOP, the right to private defence is also given to police officials…” the bench said.
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