Excelsior Correspondent
SRINAGAR, Aug 1: The State High Court today took serious note of use of pump action (pellet) guns that have caused serious injuries to the protesters in Kashmir.
The division bench of Chief Justice N Paul Vasanthakumar and Justice MH Attar observed that people are injured and it is problem for the State as they have to get doctors from outside. They have to take conscious decision on the use of pump action gun.
Court questioned the counsel representing Union Government that if forces are trained to use the pellet guns while dealing with mob. “You are not explaining why people have suffered injuries above knees and mostly eyes as it has to be used below knees as if it is used by trained persons”, observed the court.
The Union counsel submitted that court on last date of hearing had made observations about the using of pump action guns by trained people and had sought report in this regard.
These observations were made by the court after going through the response filed by IG CRPF wherein it is said that CRPF personnel deployed in Jammu and Kashmir for maintaining law and order duties are experienced and fully trained to use anti-riot equipments to maintain law and order.
“Each functional Battalion of CRPF has seven companies, out of which one company is always put under training on rotation basis to refresh their operational skills and acquaint themselves with the latest technology. They are not companies formed by collecting trainees/recruits from training centre,” the Government response said.
The response also said in pursuance to the Ministry of Home Affairs order (dated May 26, 2016), 60 companies of CRPF (including two Mahila companies) are presently deployed in Jammu and Kashmir for security arrangements during Amarnath Yatra with effect from June 18 till completion of the Yatra.
“Also in pursuance to the Ministry of Home Affairs order conveyed through fax message on July 11 and 14, 54 training/reserve companies were also deployed additionally in the Kashmir valley for maintaining law and order situation. These companies are fully trained to use anti riot equipments etc in law and order duties,” he said.
Court observed to Union counsel that it was in the context of these injuries and “you are law officer of the Central Government you have duty to court and to the people of the State. You can’t scuttle it like this”.
While referring the injuries above knees and eye injuries, court observed while reserving its orders on PIL “It is record of the court given by the State Government that how many people have suffered injury above the knee and mostly in the eyes as we have evidence before us and you also knew it”.
Court also observed to the counsel: “If you have to control the mob, you have to follow your own Standard Operational Procedure (SOP) also. It is on the paper that you are trained and fit to use these weapons but on the ground the story is different. They (mob) are your own people, they are not aliens. They have not come from the space. You are not treating them as your people. Home Minister of the country has said to avoid its use then why don’t you find its alternate.”
Division bench also pulled up Jammu and Kashmir Bank for its non performance towards the people during these difficult days. Law Officer of the Bank through its status report submitted before the court that due to restrictions various employees could not attend the branches.
Court with these submissions heavily came down on JK Bank and said that nothing has been said about those branches as to where these branches are located, what are the areas, what kind of restrictions are there. “You are highest paid among all the departments and still you are not working and enjoying at home. People are suffering and you are compounding their miseries and you cannot make people to suffer”, court further observed.
Court also observed to law officer of JK Bank to feel the pain of the people as “you are also the son of the soil. “In these days, it tests the ability of officer to work in these difficult days. Ensure every employee and pensioner gets the salary and pension.”
Court also made observation about the resumption of net services and pointed out to Advocate General of the State to start it with banks and other essential services. Court also emphasized on making the Government treasuries operational as the court observed the function of treasuries is pivotal.
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