Srinagar, Mar 11:
The Jammu and Kashmir High Court on Wednesday dismissed a petition seeking a
ban on the use of pellet guns by security forces for crowd control during
protests in the valley.
public interest litigation (PIL), a division bench of justices Ali Mohammad
Magrey and Dhiraj Singh Thakur said, “It is manifest that so long as there
is violence by unruly mobs, the use of force is inevitable”.
The PIL was filed
by the Kashmir High Court Bar Association in 2016 in the wake of pellet
injuries to hundreds of people in the protests that erupted after Hizbul
Mujahideen commander Burhan Wani was killed in an encounter with security
What kind of
force has to be used at a relevant point of time or in a given situation and
place “has to be decided by the persons in charge of the place where the
attack is happening,” the bench said.
in the writ jurisdiction, without any finding rendered by a competent
forum/authority, cannot decide whether the use of force in a particular
incident is excessive or not,” it said.
PIL, the court said it was not inclined to prohibit the use of pellet guns
“in rare and extreme situations” before an expert committee
constituted by the Union Home Ministry through a memorandum dated July 26, 2016
submits its report and “a decision is taken at the government level”.