Srinagar: Rejecting the plea to ban use of pellet guns for crowd control in the valley, Jammu and Kashmir High Court (HC) also declined to prosecute officers for allowing use of pellets.
A division bench of the HC comprising Chief Justice Mr Justice N Paul Vasanthakumar and Justice Ali Muhammad Magrey said the Ministry of Home Affairs (MHA) Government of India (GoI) has already constituted a committee of experts on the issue of use of pellet guns.
The rejected a plea filed by Kashmir High Court Bar Association (KHBA) seeking ban on use of pellet guns for crowd control.
The Court also declined the plea to prosecute officers who took the decision of using pellets at protestors and those who actually fired them.
The bench said “Having regard to the ground situation prevailing as of now and the fact that MHA has already constituted an expert committee on July 26, for exploring other alternatives to Pellet Guns. However, before filing the report by the Expert Committee and a decision taken at the Government level, we are not inclined to prohibit use of pellet guns in rare and extreme situations, the court said.
With regard to use of excessive force in quelling protests, the court said: “Whether in a particular situation or place the use of force is excessive or not can be ascertained only after investigation and finding rendered by some authority or court factually.”
The court said what kind of force has to be used at the relevant point of time or in a given situation and place has to be decided by the person or persons in-charge of the place where the attack happens.
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