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| Courts should not guide how to maintain law & order: DGP | | | Early Times Report
Srinagar, Sept 6: While opposing the ban on use of pellet guns, the state government today said that the court cannot direct the law enforcing agencies to act in a particular manner and that it should be left to the State that how to control law and order.
"It is constitutional and legal duty of the State to maintain law and order. As to what method is required to be given effect in order to control law and order has to be left to the State. It is submitted here that the Court cannot guide the law enforcing agencies to act in a particular way/manner. The court being not an expert does not recommend as to how the law and order situations are to be controlled," Director General of Police said in a reply submitted before a division bench of Chief Justice N Paul Vasanthakumar and Justice A M Magrey.
"It is a settled legal position that the courts have to show deference and consideration to the recommendations of an expert committee. In this view of the matter as an expert committee is seized of the matter and having regard to the fact that the issue of use of pellet gun comes within the realm of maintaining law and order situation,"
He said that the pellet gun is a modern method to deal with crowd control particularly agitating mobs who resort to heavy stone pelting, rioting, arson, at the instigation of militants and separatists with the intention of causing loss of life of police personnel and those of security forces, besides the public and private property. "In the aftermath of killing of a terrorist on 8th of July, 2016, the entire Kashmir valley in particular was rocked by unpleasant events in which thousands of people resorted to violent agitations and attempted to cause loss to the life of Police/security forces personnel and that of peace loving citizens, besides causing enormous damage to the public and private property."He said more than 3700 police and security forces personnel (3777 to be precise, till 30.08.2016) have also sustained injuries during the attacks on them by the crowd by using stones and sharp edged weapons and petrol bombs.
"From 08.07.2016 to 30.08.2016, a total of 1522 incidents of violence have been reported across the Kashmir valley which has resulted in the loss of 58 lives, including those of 02 Police Personnel. During the same period, a total number of 31 Police Stations/Police Posts , 02 Courts, 164 Ambulances and 51 other establishments have been damaged. For the acts of violence during the same period, as many as 1431 FIRs have been registered, 813 persons accused of commission of offences under these FIRs have been arrested and 409 such persons have been detained or bound down by taking bonds under CrPC. He said the people have not been compelled to stay indoors. It is only for the protection of the public at large, curfew and restrictions from time to time have been imposed. He said no one has been deprived of his right to protest peacefully and that there is no failure of rule of law. "However, as the protesters and the members of the agitating mobs are mostly bent or in kneeling position so as to pick up the stones, which they hurl and pelt upon the police personnel and in this position, there is every chance that such protesters would be hit above the waist line." "Young boys and girls/women are incited and instigated by militants and those having separatist tendencies to resort to violence against the state and in the process these kids and women are used as shields by such miscreants to further their designs of disrupting peace and harmony/law & order.""It may be in place to mention that in case the 12 Bore Pump action gun is not used and regular rifles are resorted to disperse the mob and control the crowd, the number of causalities and fatalities could have been much higher, he added. |
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