HIGH COURT PERMITS USE OF PELLET GUN PEPPER GAS: Srinagar, Oct 30: In a significant decision, Jammu and Kashmir High Court Wednesday dismissed three clubbed Public Interest Litigations (PIL) seeking ban on the use of pepper gas and pellet guns in quelling mobs during unrest in Kashmir. In the 11-page judgment passed by Chief Justice MM Kumar and Justice Ali Muhammad Magrey, it has been stated that the petitions are devoid of merit and the prayer is out of sync with the provisions of law. “In view of the law laid down by the Supreme Court coupled with our finding that this petition has been filed halfheartedly and with oblique motive, we deem it appropriate to decline the prayer made by the petitioners,” reads the judgment. The court said while taking a lenient view, it did not impose costs on the petitioners in keeping with that both the advocates who have filed the petitions are at the threshold of their career. The court however asked them to remain careful in future from filing such petitions to uphold the highest tradition of legal profession. “These petitions styled as PILs have been filed without any empirical research and in a totally casual manner. As a result averments have been made which have no authenticity, without any supportive documentary evidence. In fact averments are based on false and incorrect assumption,” the court said. It said the only legal inference that could be raised by the Court is that these PILs have been filed not for public interest but to gain cheap publicity which constitutes an oblique motive. Underling the purpose of PIL, the court said; “PIL is not a pill or a panacea for all wrongs. It was essentially meant to protect basic human rights of the weak and the disadvantaged and was a procedure which was innovated where a public-spirited person files a petition in effect on behalf of such persons who on account of poverty, helplessness or economic and social disabilities could not approach the Court for relief.” The court observed that there have been, in recent times instances of abuse of PIL saying there is a need to reemphasize the parameters within which PIL can be resorted to by a petitioner and entertained by the Court. “PIL jurisdiction does not give right to come to the Court with bald statements unsupported by material particulars and documents. This jurisdiction has been carved out by judicial creativity in order to provide access to poor, deprived, vulnerable, discriminated and marginalized sections of the society, particularly so when such persons or class of persons, by reason of their poverty, helplessness, or on account of disability being socially or economically in a disadvantaged position cannot come to the Court,” the court said. Advocates B A Misri, Mian Tufail, Nasir Qadri and Abdul Manan Bukhari of Hurriyat (M) had filed three separate litigations seeking ban on pepper gas and use of pellet guns in quelling protests in Kashmir. Seeking directions to the Union of India through Ministry of Home Affairs, Chief Secretary, Financial Commissioner Home Department, Director General of Police, Inspector General of Police, Kashmir, the petitioners have sought to ban the use of pepper gas, stating that it affects vital organs of human body. Underscoring hazardous effects of the noxious pepper gas, the petitioners pleaded that it should be banned as it has “already claimed several lives during the past in Kashmir.” It was also pleaded that pepper gas has caused multifarious disorders, diseases and uneasiness especially among children. Referring to the direction of State Human Rights Commission (SHRC) and state’s “oblivious approach” to it, the petitioners submitted that “the police is unmindful of the direction of the SHRC and it is excessively using pepper gas even on the slightest provocation, despite the fact that this gas is of hazardous nature and can induce or aggravate respiratory diseases, pulmonary edema, acute elevation in blood pressure which is associated with risk of stroke and heart attack.” The petitioners also submitted that the gas diffuses in the atmosphere beyond the target area and there was no justification for the police to resort to such hazardous action. Besides seeking directions to Union and State government to use non-lethal methods like water cannons to control protests, the petitioners seek orders for DGP and IGP Kashmir to direct the concerned SHOs for registration of FIRs against the police and paramilitary personnel involved in using pellet guns. Advocate General M I Qadri argued that Defence Research Development Organization (DRDO) has given a report supported by scientific opinion “authenticating that the pepper gas is not injurious to health.” He said the pepper gas is manufactured by a company in Sikandrabad (UP) which has the license of Ministry of Defense and approval of Defence Research Development Organization. The state was represented by Advocate General M I Qadri, GA Shah Aamir and UOI was defended by ASG, S A Makroo.
Posted on: Thu, 31 Oct 2013 04:27:31 +0000
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