Excelsior Correspondent
SRINAGAR, Sept 6: The Central Government today sought time from Jammu and Kashmir High Court for producing the committee report on use of pellets as crowd control in Kashmir that has left hundreds injured and deaths to many during two month’s long unrest in the Valley.
The time for producing the report before the court has been sought by the counsel representing Union of India before the Division Bench of Chief Justice N Paul VasanthaKumar and Justice Ali Mohammad Magrey after the counsel representing Bar Association, filed the PIL seeking ban on use of pellets for crowd control.
Counsel representing Bar Association Z A Shah apprised the court about the ill effects and fatality caused by use of pellets on protesters. “Use of the non lethal weapon below the knees is mis-concept and mis-represented as the pellet cannot be used below the knees as about 600 pellets come out at once and spread in all the directions covering the diameter of 6 meters”, Advocate Shah submitted before the court about the disadvantages and de-merits of the use of pellets while controlling the mob.
Advocate General of the State, Jehangir Gania, produced the judgment of division bench passed in 2013 wherein prayer was sought that the use of pellet gun be banned as it is lethal and dangerous. Court dismissed the said PIL with the observation that the petitioner has not worked hard while filing the PIL as such the same is bereft of material.
Petitioner counsel Z A Shah denied the submissions of the AG and submitted that the dismissal of said PIL does not mean that the use of pellet is legal. “There is no opinion of the court for use of pellet and the use of pellet is good”, Advocate Shah rebutted while mentioning the judgement of 2013.
He also submitted that peaceful demonstrations are allowed in democracy and if the demonstrations turn violent the power can be used to control the mob but not to kill the people as 6.3 crore pellets have been brought to the valley. Court with this submission of the petitioner advocate replied that sometimes stone beheads the person on other side.
State in its reply in opposition to the PIL has said that the pellet gun is a modern method to deal with mob and it is non lethal weapon. Advocate Shah questioned this reply of the State and submitted before the court that State can use the power to control the mob under law and not the will of Government while dealing with the mob. In this regard, he referred the Section 127 and 129 of code of criminal procedure which provides that forces have to get the order of permission from Executive Magistrate of the highest rank to disperse the mob.
“It is a civil commutation not war and pellet is not non-lethal as it also caused deaths the distinction as by the Government that it is non-lethal breaks practically”, advocate shah submitted.
Court has also been apprised that if 3077 police personal were injured during the unrest and above 10000 civilian have also injured and 684 persons have received pellets on their eyes leaving them fully or partially blind and about 80 civilians have died so far as such the reply of the authorities is blissfully misconceived.
At the end of arguments petitioner counsel prayed that till filing of committee report the court may be pleased to directed the authorities to stop the use of pellet gun and get orders from Executive Magistrate under law to control the mob.
Trending Now
E-Paper
Follow our WhatsApp channel