The Supreme Court on Monday said it intends to lay down a comprehensive protocol governing the use of pellet guns during crowd-control operations, observing that it would examine whether such weapons should
be used at all and, if so, under what circumstances.
Hearing a batch of petitions related to the July 20 Jantar Mantar student protests, the bench led by Chief Justice of India Surya Kant remarked that the court would like to formulate a complete framework on the deployment of pellet guns by law enforcement agencies during protests and law-and-order situations.
The court also indicated that it may constitute a high-powered committee to probe issues arising from the Jantar Mantar protests and examine concerns over the use of force during the demonstration.
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The observations come days after the court heard a separate plea challenging the use of metallic pellet ammunition against civilians during the protest.
During that hearing on July 30, the court had declined to impose an immediate ban on pellet guns, observing that they cannot be prohibited as long as the existing Bureau of Police Research and Development (BPRD) advisory permits their use in exceptional circumstances for crowd control.
According to news agency PTI, the bench had observed that police regulations currently allow the use of pellet guns in exceptional situations and that anyone seeking a blanket prohibition would have to challenge those regulations themselves.
At the same time, the court made it clear that allegations of misuse in a particular incident could be examined on a case-by-case basis.
The earlier hearing stemmed from a petition filed by former Central Information Commissioner and retired IPS officer Yashovardhan Azad, along with two protesters who allegedly suffered pellet injuries during the July 20 ‘Sansad Chalo’ march organised by the Cockroach Janata Party (CJP).
The petition sought a nationwide ban on wholly or partly metallic pellet ammunition for civilian crowd control, arguing that such weapons pose a significant risk of serious injuries, particularly to the eyes and other vital organs.
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During the July 30 proceedings, the Supreme Court directed authorities to preserve the ammunition log of the Rapid Action Force (RAF) deployed during the protest.
It also asked the Delhi government to ensure the best possible medical treatment for those who allegedly sustained pellet injuries.
The court had observed that while peaceful protest is a constitutional right, law enforcement agencies may, in exceptional situations, be required to adopt a graded response if demonstrations turn violent or anti-social elements infiltrate the gathering.
During Monday’s hearing, the Centre informed the court that it remained committed to addressing the issues raised in the petitions.
Solicitor General Tushar Mehta said discussions were underway with counsel for the Cockroach Janata Party and assured the bench that the government would file its affidavit in the matter. He also remarked that “keeping the pot boiling won’t help.”
The matter has now been listed for further hearing on August 19, when the court is expected to consider the Centre’s response and continue hearing issues relating to the proposed protocol on pellet gun use and other aspects of the Jantar Mantar protest cases.
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