The Jammu and Kashmir High Court on September 21, refused to ban the use of pellet guns and said that the use of “force” by security agencies is “inevitable” when it comes to dealing with violent protesters.
The High Court bench, which comprised of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey also rejected the PIL that asked to prosecute officers who were involved in the use of pellet guns and said the issue cannot be considered by them as there are no findings that state that standard operating procedure (SOP) have been violated or excessive force has been used.
“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 persons in charge of the place (of attack).”
The J& K High court was hearing a PIL that was filed by J&K High Court Bar Association on July 30.
The court, during its hearing, also said that Home Ministry has already constituted an experts’ committee to explore an alternative to pellet guns and that the High Court is not inclined to prohibit its use in rare and extreme situations before the committee files its report.