Pellet guns in CJP Protest: SC says graded response required in some cases, orders Delhi govt to provide treatment | Today’s news
The Supreme Court on Thursday said it is ready to probe the alleged use of firearms during the ‘Sansad Chalo’ march led by the Cockroach Janta Party (CJP) on July 20 to protest against the NEET paper leak issue.
According to the Bar and Bench, Chief Justice of India (CJI) Surya Kant ordered the Delhi government to provide medical treatment to the injured petitioner and other similarly situated individuals.
Read also | Rahul Gandhi slams Dharmendra Pradhan over ‘pellet’ injury to CJP protester
The Supreme Court was hearing a petition filed by two persons who were allegedly injured by pellets during the student protests. Former IPS officer Yashovardhan Azad is the third applicant. According to Live Law, the petition demanded a ban on the use of firearms against civilians and compensation for victims.
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The Supreme Court is set to probe the alleged use of firearms during the CJP-led protest and ordered the Delhi government to provide treatment to the injured.
Pellet weapons are permitted under police regulations in exceptional circumstances to manage public order situations, although their use is being criticized in light of recent protests.
At least three incidents of pellet injuries were reported during violent clashes between protesters and police on 20 July.
Chief Justice Suryan Kant suggested that the court should introduce a protocol for the use of firearms due to fears of excessive use during protests.
The debate is on as the Supreme Court challenged a vague prayer for a complete ban on firearms and emphasized the need to challenge such rules through legal avenues.
During the hearing, the Supreme Court questioned the prayer seeking a complete ban on the use of metal pellet guns to deal with public order situations.
“The rules allow for the use of pellet guns in exceptional circumstances”
According to the Bar and Bench, Justice Joymalya Bagchi observed that “police rules permit the use (of pellet guns) in exceptional circumstances, unless you challenge the rules themselves…one step in the graduated approach is the use of firearms.”
Calling the “prayer” vague, Justice Joymalya Bagchi quoted Live Law: “The prayer is not to use firearms. The police regulations permit it in exceptional cases. You have to defend yourself as ultra vires…”
A defense lawyer appearing for the appellant said the nature of the crowd would determine whether pellets would be used.
Read also | Govt to reconsider use of firearms in Kashmir: Rajnath Singh
“…there may be rubber, plastic and metal pellets. These were metal and recovered from the bodies. The nature of the crowd will also determine the use of this. Was it a violent mob? No. These metal pellets were detonated,” the defense attorney said.
In response, Justice Bagchi said the court was “not opposed to examining the use of pellets in individual use”.
“You have to show us whether the use of graded-reaction bullets can be allowed when bullets are also used in some situations…,” Judge Bagchi said.
Meanwhile, CJI Surya Kant said that in light of the alleged “excessive use”, “there should be a prayer that the court lay down a protocol regarding the use”.
The defense counsel argued that there was no standing order of the Delhi Police mandating the use of pellets. “If it’s there… let it be placed… I’m sure the Union or the NCT don’t want to fire pellets at the students,” the council added.
Besides ordering the Delhi government to provide treatment to the injured, the Supreme Court also asked the Center to preserve the ammunition log of RAF personnel deployed at Jantar Mantar during the protests.
Pellets used in the July 20 protest
Several reports claiming the RAF used firearms emerged after the 20 July protest march turned violent. While police denied firing machine guns at peaceful protesters, photos, videos and accounts of those suffering told a different story.
At least three cases of gunshot injuries followed clashes between protesters and police officials on July 20. Outlook journalist Sahil Lochab, 19, and Shaikh Irshad Mansoori, 25, claimed to have sustained gunshot wounds.
Read also | ‘Spreading confusion, fomenting anarchy’: BJP slams Rahul for protest statements
A pellet gun is a type of air gun or specialized shotgun used for sport, pest control, or crowd control. Fires small metal or lead projectiles using compressed air, gas, or a spring, rather than gunpowder.
According to reports, machine guns and stun batons were part of the armament of the RAF, the anti-riot unit of the Central Reserve Police Force (CRPF), which was deployed along with the Delhi Police on 20 July in and around Jantar Mantar.
The government denies the use of firearms
Union Minister Jitendra Singh said in Parliament earlier this week: “When (LoP Rahul Gandhi) says that the Home Minister has ordered firing on students, then that is something that the SDM, a judge or a DM orders. We were MLAs and we know it. It is clear that he is not aware of it. There was no firing, only tear gas, and he has the authority to give the order to the judge.”
BJP MP Sambit Patra also said at a press conference on Wednesday, “Rahul Gandhi said bullets were fired at students. He lied. No bullet was fired. He also lied that Home Minister Amit Shah ordered the firing.”
Earlier, while speaking in the Lok Sabha, Rahul Gandhi created a row when he accused Home Minister Amit Shah of ordering police excesses on student protesters during the Cockroach Janta Party on July 20 in New Delhi.
