| HC notice to Centre, J&K on PIL seeking ban on pellets | | | Early Times Report
Srinagar, Aug 2: The State High Court today issued a notice, seeking response by Centre and State Governments on a petition filed by Kashmir High Court Bar Association, seeking a ban on use of pellet guns as means of crowd control in the state.
The notice, returnable by August 17, was issued by a Division Bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey after hearing senior advocate Zaffar A Shah for the lawyers' association.
"The use of pellet gun firing cartridges contain 500-600 metallic pellets at unarmed protesting youth is direct infringement of provisions of the constitution in particular Article 21," the PIL says, seeking a direction from the court to prohibit the respondents, their agents and servants from using or caused to be used 12-bore pellet gun or of any other bore and cartridge against any group of people including protesters in the state. "The use of pellet guns be totally banned as means of crowd control," he said.
It also seeks prosecution against all the officers who took the decision of using the pellet guns at the protesters and non-protesters after July 8.
Apart from state and the centre governments, the notice has been issued to director general of police, DG CRPF, DG BSF, all DCs, SSPs of Valley, director SKIMS, health, medical superintendents of SMHS, Bone and Joints and Principal SKIMS medical college Bemina.
"Those who actually fired the pellet guns be prosecuted. Cases be directed to be registered against them for causing unlawful bodily injury, deprivation of eye sight etc," the PIL says
The lawyers body has also sought direction to the respondents to compensate all those persons whose names are mentioned in the petition as well as those particulars will come to the notice of court during the hearing of the PIL.
"The compensation be determined in the context of violation of Article 21 of the constitution as these persons have either been deprived of their eye sight and or have suffered bodily injury, trauma, agony and mental pain," it says.
The Bar Association said that the director SKIMS, principal SKIMS medical college Bemina, Director Health Services Kashmir and medical superintendent SMHS hospital be directed to furnish details of all those persons who reported in SKIMS hospital, district hospitals, sub district hospitals, primary health centres on account of pellet and treatment provided to them.
"The chief secretary be directed to furnish report as to the circumstances and the time decision to refer pellet injury patients outside the state was taken," the PIL says.
The respondents, the Bar says, be directed to bring competent and well trained surgeons from outside the state so as to provide treatment to those, who are not willing to go outside for treatment or have no means for meeting the expenses of such treatment inside or outside the state.
"The court may also determine the negligence if any caused by any authority of the state in dealing with pellet injury patients," the PIL says. |
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