Hurriyat petitions High Court against use of pellet guns
‘These Techniques Of Crowd Dispersal Are Alien In Civilized Societies’
D A RASHID
Srinagar, May 28: Hurriyat Conference (M) led by Mirwaiz Umar Farooq Tuesday filed a Public Interest Litigation in Jammu and Kashmir High Court seeking ban on use of weapons like pellet guns, pepper gas in quelling protests in Kashmir.
The petition has been filed on behalf of Head of Hurriyat (M) legal cell, Abdul Manan Bukhari, through his counsel Ajiaz Ahmad Dar. The PIL seeks directions to Union and State government to use non-lethal methods like water cannons to control protests.
The petition seeks directions to DGP and IGP Kashmir to direct the concerned SHOs for registration of FIRs against the police and paramilitary personnel involved in using pellet guns.
It also seeks directions to the respondents to pay Rs 50 lakhs for each death and Rs 20 lakhs for each injured person in the form of compensation in addition to government job to the next of kin who is killed.
Union of India, Union Defence Ministry, State government, State Home department, Director General of Police J&K, Inspector General of Police Kashmir Province, Director General of Central Reserves Police Force, Inspector General of Central Reserves Police Force and Divisional Commissioner of Kashmir are the respondents in the petition.
“It is submitted that citizens of the Kashmir Valley especially the youth have been put to danger by the police and CRPF by hurling deadly pellet gun-fires since 2009 to 2013 and even the State Human Rights Commission expressed its great concern over the excessive use of pellet gun-fires,” reads the PIL.
The petition states: “Pellet gun-fires is a threat to life after taking into account the adverse effects of the use of gun which is prima facie case of human rights violation and according to the State Human Rights Commission the law enforcing agencies were bound to strictly follow the standard operating procedure (SOP) and adhere to the use of non-lethal methods of mob control in order to prevent casualties.”
“There is the set procedure given under chapter IX of Criminal Procedure Code, Svt 1989, for dealing with “unlawful assemblies” under sections 127, 128, 129, 130, 131 and 132 Cr.P.C,” reads the PIL.
It states that the Executive Magistrate or Officer in-charge of police station is empowered under section 127 Cr.P.C, to command any unlawful assembly of five or more persons, likely to cause a disturbance of the public peace, to disperse and thereupon be the duty of the members of such assembly to disperse accordingly.
“And if such assembly does not disperse, the Executive Magistrate or Officer in-charge of police station may under section 128 Cr.P.C, by force disperse such assembly and if necessary, to arrest and confine the persons who form part of it and may be punished according to law,” reads the PIL.
“The procedure to disperse the unlawful assemblies is to arrest and confine the persons involved in unlawful assemblies, if necessary, but the police or paramilitary force is nowhere given license to kill or to cause grievous injuries by cluster of pellet gun-fires,” states the petition.
“Under sub-section 2 of section 130 Cr.P.C, every commissioned or non-commissioned officer in command to disperse such assembly, shall obey the requisition of the Executive Magistrate in such manner as he thinks fit,” reads the PIL.
“The continuous and persistent use of pellet gun-fires by the respondents without adhering to standard operation procedures and the recommendations of the International Human Rights Organizations is highly obnoxious and detrimental to the public health.” reads the petition.
“Kashmiris have been suffering from the persistent and continuous use of pellet gun-fires used by the respondents for dispersing protesting crowds in the Kashmir valley though these techniques of crowd dispersal are alien in the civilized societies of the world and are being used exclusively in the Kashmir valley,” states the PIL.
The petition adds: “The deadly pellet guns are being used by the Police and CRPF personnel directly targeting the vital parts-- eyes, chest, head, etc-- which not only deprives the victims of their eye sight and do away with their lives.”
Lastupdate on : Tue, 28 May 2013 21:30:00 Makkah time
Lastupdate on : Tue, 28 May 2013 18:30:00 GMT
Lastupdate on : Wed, 29 May 2013 00:00:00 IST
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