The Supreme Court of India on Thursday stated that the use of pellet guns by security personnel and police was allowed “under exceptional circumstances” while hearing a plea which sought the ban of the lethal weapons.
This statement comes after a bench led by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana, heard a petition filed by Yashovardhan Azad, a former special director of IB and Central Information Commissioner (CIC) under the Right to Information Act, which called for a ban on using pellet guns and compensation for the victims of the July 20 protest.
The petitioner also sought directions to ban the use of wholly or partly metallic kinetic projectiles, pellets fired from pump action rifles or projectile action guns (PAG) to disperse protestors and other civilian assemblies.
The court noted that the use of pellet guns is allowed in exceptional circumstances and cannot be considered illegal unless the rules of their use are changed.
"Police rules allows the use in exceptional circumstances unless you challenge the rules itself. One of the steps of graded approach is use of pellet guns," Justice Bagchi observed.
{{/usCountry}}"Police rules allows the use in exceptional circumstances unless you challenge the rules itself. One of the steps of graded approach is use of pellet guns," Justice Bagchi observed.
{{/usCountry}}"In light of alleged excessive use, your prayer should be that court lays down a protocol regarding the use," added CJI Kant.
The hearing concluded with an order from the top court, which called on the NCT government of Delhi to ensure treatment was provided to protestors who had been injured by pellets during the July 20 protest.
"Government of Delhi shall provide medical treatment to the injured petitioner or other similarly placed individuals," the Court directed, as reported by Bar and Bench.
Earlier this week, the Supreme Court noted the excessive use of force in the security crackdown on July 20 against students and protestors part of the Cockroach Janta Party's 'Chalo Sansad' march.
In response to the numerous petitions filed, CJI Surya Kant noted that while the constitutional right to peaceful protest must be protected, violence by demonstrators and excessive use of force by police were equally unacceptable.
CJP reacts to SC remark
Responding to remarks by the Supreme Court, Cockroach Janta Party (CJP) spokesperson Saurav Das wrote that the statement which noted the exceptional use of pellet guns was “disgusting.”
BJP vs Opposition over use of pellet guns at CJP protest
While the Central government has denied the claims of pellet guns being used against protestors at Jantar Mantar on July 20, the leader of the opposition in the Lok Sabha, Rahul Gandhi, has alleged that students were fired upon, resulting in at least five protestors sustaining pellet-like injuries and wounds.
In a press conference on Wednesday evening, the Congress MP showed photographs to reporters and media of protestors who sustained injuries from pellet wounds. This press conference by Gandhi was held after union minister of state Jitendra Singh told the Lok Sabha that no bullets were fired and only tear gas was used to disperse protestors.
Gandhi also alleged that the firing order was given by home minister Amit Shah, to whom the Delhi Police, RAF, CRPF and other security personnel in the national capital report to. The BJP has denied this and called on Gandhi to “apologise for his false claims.”