Can âexceptional circumstancesâ justify the use of pellet guns on protesters? What Supreme Court said
The Supreme Court on Thursday observed that pellet guns cannot be prohibited as long as the existing advisory allows security agencies to use them for
The Supreme Court on Thursday observed that pellet guns cannot be prohibited as long as the existing advisory allows security agencies to use them for crowd control in exceptional circumstances. However, the court clarified that allegations of individual instances of misuse can be considered separately on a case-by-case basis, according to PTI. The apex court was hearing a plea concerning the use of metallic pellet guns during the recent student protests in Delhi over the NEET paper leak. It directed the Centre to preserve the ammunition records of the Rapid Action Force (RAF) deployed at Jantar Mantar during the protests. A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana noted that police personnel are permitted to use pellet guns in exceptional situations under the Bureau of Police Research and Development (BPRD) advisory. The bench described the plea seeking a complete ban on their use as "vague". Quick answers to key questions âą 5 QUESTIONS 1 Under what circumstances can pellet guns be used according to the Supreme Court? â” The Supreme Court observed that pellet guns can be used by security agencies for crowd control only in exceptional circumstances, as permitted by the existing advisory. 2 What were the allegations regarding the misuse of pellet guns during the protests? â” Allegations were made that pellet guns had been used excessively against protesters, resulting in serious injuries, including damage to eyes, without prior warnings or announcements. 3 How did the Supreme Court respond to the plea for a complete ban on pellet guns? â” The Supreme Court deemed the plea for an outright ban on pellet guns as vague and indicated that such regulations could only be challenged directly. 4 What did Justice Bagchi say about the police regulations for using pellet guns?
â” Justice Bagchi stated that police regulations allow the use of pellet guns in exceptional cases, indicating the necessity of challenging the underlying provisions for any changes. 5 Why did the Supreme Court direct the preservation of RAF ammunition records? â” The Supreme Court directed the preservation of ammunition records to examine the allegations of misuse of pellet guns during the protests, ensuring evidence is available for investigation. "Prayers are not to use pellet guns. In exceptional cases, police regulations permit the use of pellet guns. If you are interested in phasing out pellet guns, you will have to challenge that very provision as ultra vires to Article 21 (right to life)," Justice Bagchi stated. Also Read | CJP spokesperson faces death threats after protest: Social media reacts The apex court bench took note of the arguments presented by senior advocate Vrinda Grover, representing the petitioners, and directed the Delhi government to ensure proper medical care for Prashant Kumar, Sheikh Irshad Mansoori and other protesters who sustained pellet gun injuries during the July 20 protest in Delhi. Central Information Commissioner and retired IPS officer Yashovardhan Azad, along with the two injured petitioners, had approached the court seeking a complete prohibition on the use of metallic pellet guns during law and order situations. The bench also sought responses from the Centre and the Inspector General of Police, RAF, by issuing notices on the plea filed by Azad and the two injured victims. Here's what happened during the court hearing At the beginning of the hearing, Justice Joymalya Bagchi observed that the petitioners' request for a complete ban on the use of pellet guns to disperse civilian crowds was "vague", noting that the plea did not challenge the existing police regulations that permit the use of such weapons.
