The Supreme Court on Thursday said it is willing to examine the use of pellet guns by police for crowd control, but suggested that instead of seeking a complete ban on metallic pellets, the petitioners should ask the Court to frame guidelines for their use.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a public interest litigation (PIL) filed by former IPS officer Yashovardhan Azad and two people who were injured during the July 20 "Sansad Chalo" protest over the alleged NEET paper leak.
The Court also directed the Centre to preserve the ammunition log of the Rapid Action Force (RAF) personnel deployed at Jantar Mantar during the protest. It further asked the Delhi government to ensure proper medical treatment for the injured petitioner and others who may have suffered similar injuries.
The petition challenges the use of metallic pellets fired from Pump Action Guns (PAGs) by police and other law enforcement agencies for crowd control.
During the hearing, Chief Justice Surya Kant said the petition would be stronger if it focused on regulating the use of pellet guns instead of demanding a complete ban.
"In light of the alleged excessive use, your prayer should be that the Court lays down a protocol regarding their use," the Chief Justice said.
Justice Joymalya Bagchi also suggested that the petitioners amend their plea so that the Court could examine the existing rules governing the use of pellet guns.
He pointed out that police rules already allow pellet guns to be used in exceptional situations as part of a graded use-of-force policy.
Appearing for the petitioners, senior advocate Vrinda Grover argued that while rubber and plastic pellets are available, the protesters were hit with metallic pellets, which were later removed from their bodies.
She told the Court that the protesters were not violent and that metallic pellets should not have been used against them.
Justice Bagchi said the Court was ready to examine whether the pellet guns were misused in this case. However, he added that the petitioners would have to show why the existing rules allowing their use are arbitrary or unconstitutional.
The PIL was filed by Yashovardhan Azad along with Prashant Kumar, a 25-year-old artist, and Sheikh Irshad Mansoori, 26. They alleged that they were injured when the Rapid Action Force opened fire with metallic pellets during the Cockroach Janata Party-led "Sansad Chalo" protest in Delhi on July 20.
According to the petition, police first used tear gas and lathi charge without any warning or public announcement. It claims that as protesters were retreating and many had raised their hands in surrender, RAF personnel fired metallic pellets, injuring several people.
The petition also seeks compensation, medical treatment and rehabilitation for those injured during the police action.
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