SrinagarThe Jammu and Kashmir High Court on Wednesday sought response from the Government about compensation to those persons who have suffered pellet injuries during 2016 unrest.
The Division Bench of Acting Chief Justice Ramalingam Sudhakar and Justice Sanjeev Kumar sought response with supported material by June 1 with regard to reliefs except seeking ban on use of pellet, sought by the Kashmir High Court Bar Association in a Public Interest Litigation.
Supreme Court in special leave petition has already observed that other prayers except ban on use of pellet in valley may be taken up by State High Court.
In an SLP, the lawers body had approached the SC against J&K High Courts September 22, 2016, order rejecting by the body of Kashmir lawyers seeking ban on use of pellet guns for crowd control.
For other reliefs sought in the PIL, the High court had however admitted the petition to hearing and directed the concerned authorities to file a detailed counter-affidavit.
The Court had made it clear that the pendency of the petition with regard to other pleas would not be a bar for the State Government for paying compensation to the deserving family members of the deceased persons or to the injured persons as it may deem fit and proper.
With regard to use of excessive force in quelling protests, the court had 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 had also declined the plea to prosecute officers who took the decision of using pellets at protestors and those who actually fired them.
With regard to the contention about non-adherence of Standard Operating Procedure (SOP), the court had said: It has to be noticed that the Director General of Police on October 25, 2010 issued the SOP which was circulated amongst the lower formations with the direction to adhere to the guidelines in letter and spirit.
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