The Supreme Court on Thursday indicated that it was not inclined to impose a blanket ban on the use of pellet guns for crowd control, observing that security forces may require a graded response when dealing with violent gatherings.
The court, however, said the Standard Operating Procedure (SOP) governing police action during protests could clearly spell out the circumstances under which pellet guns may be used.
The observations came while hearing a petition challenging the Rapid Action Force's (RAF) alleged use of pellet guns during the July 20 'Chalo Sansad' protest in Delhi. The bench also directed the Centre to place on record the rules governing the use of pellet guns and ordered that records related to the police action be preserved.
The petition has been filed by former IPS officer Yashovardhan Azad along with Prashant Kumar Singh and Sheikh Irshad Mansoori. Singh and Mansoori have alleged that they were injured after the RAF fired pellet guns during the protest over the examination paper leak issue. They were admitted to Lady Hardinge Medical College, where metallic objects embedded in their bodies were surgically removed.
'I Will Take Responsibility': CRPF Chief Defends Force Amid Pellet Gun Row At July 20 Protest
Court Directs Delhi Government To Ensure Medical Treatment
During the hearing, advocate Vrinda Grover, appearing for the petitioners, submitted that one of the injured persons was not receiving proper medical treatment.
Taking note of the submission, the bench directed the Delhi government to ensure that the injured petitioner, as well as other affected persons, receive the necessary medical care.
The court's direction came even as it continued to examine broader issues relating to the use of pellet guns during crowd-control operations.
Bench Says Security Forces Need 'Graded Response'
The bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan described the plea seeking a complete ban on pellet guns as impractical.
Justice Bagchi observed that even a peaceful protest could suddenly turn violent, requiring security forces to adopt a "graded response" depending on the situation.
The bench further noted that the existing rules governing police and security forces permit the use of pellet guns in specific circumstances. Since the petition sought a complete prohibition without challenging those rules, the court said the plea, in its present form, lacked clarity.
No Action Against Personnel Who Used Pellet Guns At Jantar Mantar Protest; DCP Ordered Firing
Petitioners Seek Ban On Metallic Pellets
Responding to the court's observations, Grover clarified that the petitioners were seeking a ban only on metallic pellets and not on plastic or rubber pellets.
The bench said it was willing to examine the issue but asked the petitioners to amend their plea appropriately before the matter could be considered further.
The Supreme Court also directed the Centre to place the rules governing the use of pellet guns on record and ordered authorities to preserve the logbooks and other records relating to the use of weapons during the July 20 police action.
Author : Nipun Sehgal