J&K HC dismisses PIL seeking ban on use of pellet guns in Kashmir

12-03-2020

Srinagar, Dismissing a petition seeking ban on the use of pellet guns by security forces during protests in the valley, the High Court (HC) said that the use of force is inevitable as long as there is violence by unruly mobs. The Public Interest Litigation (PIL) was dismissed by a division bench, comprising justices Ali Mohammad Magrey and Dhiraj Singh Thakur, on Wednesday. The petition was filed in 2016 by the Kashmir High Court Bar Association in view of injuries to hundreds of people during protests which erupted after the death of Hizbul Mujahideen commander Burhan Wani in an encounter with security forces. The court said 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’.
'This court 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," the court added. 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'.