Use of metallic pellet guns permitted in exceptional circumstances: SC

The Supreme Court on Thursday (July 30) observed that the use of metallic pellet guns by police was permitted under police rules inly in "exceptional circumstances". While directing the Delhi Police to place on record it’s the standard operating procedure (SOP) regarding the use of pellet guns, the apex court also asked the Centre to preserve the ammunition log of RAF deployed at Jantar Mantar during students' protest against NEET paper leak.

The directions were issued by the bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi during the hearing the hearing of a plea filed by former Central Information Commissioner and retired IPS officer Yashovardhan Azad and two victims seeking a blanket ban on use of metallic pellet guns to deal with law and order situations.

Court seeks SOP

The top court referred to the advisory of the Bureau of Police Research and Development (BPRD) and said police are empowered to use pellet guns in exceptional situations.

Senior advocate Vrinda Grover, appearing for the petitioner, argued that the weapons used against students protested "kinetic metallic projectiles" and not rubber or plastic pellets.

What Justice Bagchi said

"There can be rubber, plastic and metallic pellets. These were metallic and recovered from the bodies. Nature of the crowd will determine use of this as well. Was it a violent mob? No. These metallic pellets were fired," argued Grover as quoted by India Today.

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However, Justice Bagchi pointed out that the use of pellet guns were already allowed under existing police rules in exceptional circumstances.

"But police rules allow the use in exceptional circumstances unless you challenge the rules themselves. One of the steps of graded approach is use of pellet guns," he added.

Ammunition records to be preserved

The bench asked the Delhi government to provide the best treatment to those who suffered pellet injuries during the NEET paper leak protest here.

The bench, however, said it was ready to examine the use of pellet guns in the July 20 protests called by Cockroach Janta Party (CJP).

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Taking note of the submissions of Grover, the bench asked the Centre, represented by Solicitor General Tushar Mehta, to preserve the ammunition log of RAF (Rapid Action Force) deployed at Jantar Mantar during the protest.

PIL seeks nationwide ban

Azad has approached the Supreme Court seeking a nationwide ban on the use of wholly or partly metallic pellet ammunition fired from pump-action or projectile action guns for dispersing civilian assemblies, contending that such weapons are inherently incompatible with constitutional standards governing the use of force.

The PIL, filed under Article 32 of the Constitution, has been jointly instituted by Azad along with two individuals who claim they sustained pellet injuries during the "Sansad Chalo" protest in central Delhi on July 20.

The petition also seeks exemplary compensation, comprehensive medical treatment and rehabilitation for all persons allegedly injured in the incident.

(With agency inputs)