PLEA SEEKING BAN ON USE OF PELLET GUNS | Decide in 6 weeks: Apex Court tells J&K High Court

The Supreme Court on Monday asked the Jammu and Kashmir High Court to decide within six weeks the plea seeking ban on the use of pellet guns for controlling street protests in the state.

 A bench headed byChief Justice Ranjan Gogoi took note of a letter dated 4 July by the RegistrarGeneral of the High Court that the matter is listed for hearing on Tuesdaybefore a division bench.

   

The PIL on the issue was filed before the High Court in 2016by Jammu and Kashmir High Court Bar Association seeking stay on use of pelletguns as a large number of people had been killed or injured due to its use.

Taking on record the letter of the Registrar of the HighCourt, the bench, also comprising Justices Deepak Gupta and Aniruddha Bose,said: “We request the Division Bench of the High Court to expeditiouslydecide the matter and pass order preferably within six weeks.”

The lawyers association had approached the Apex court withan appeal against the interim order of the High Court which on September 22rejected the plea seeking a ban on use of pellet guns on the ground that theCentre had already constituted a Committee of Experts through its Memorandumdated 26 July 2016 for exploring alternatives to pellet guns.

The Apex court on 18 January 2018 had said it would wait forthe outcome of the petition pending before the High Court.

In the Apex court, the High Court Bar Association challengedthe order, contending that High Court should have waited or called for thereport of the expert committee.

The High Court had also declined to accept the plea toprosecute the officers who ordered use of pellet guns and those who actuallyfired them.

When the matter came up for hearing on 14 December 2016, theSupreme Court had observed that pellet guns should not be used”indiscriminately” for controlling street protests in Jammu andKashmir and be resorted to only after “proper application of mind” bythe authorities.

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