Supreme Court Asks Centre To ‘Preserve Ammunition’ Of RAF In Pellet Gun Case Hearing

The Supreme Court on Thursday issued a notice responding to pleas by ex-IPS officer Yashovardhan Azad and two pellet injury victims seeking a ban on the use of pellet guns for crowd dispersal when dealing with civilian assemblies, as reported by Indian Express. The Apex Court asked the Union Government to preserve the ammunition of the Rapid Action Force (RAF).

The direction was in reference to the RAF personnel deployed during the July 20 Sansad Chalo march. The protesters were fired at with pellet guns, and later developed grievous injuries.

What Did The Supreme Court Say?

The Supreme Court issued a notice to the Centre directing it to ‘preserve the ammunition log’ of the RAF personnel. But the Court suggested that instead of a blanket ban, the petitioners should seek the framing of a protocol governing their use.

A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a public interest litigation (PIL) where the petitioners had said that these guns, albeit categorised as ‘less lethal’ or ‘non lethal’, can cause severe injuries to vital organs. These are used as alternatives to firearms- the petitioners argued, as cited by the Indian Express- but firing them at close range to a large crowd can have brutal consequences. Petitioners presented the case of 19-year-old Sahil Lochab who injured his eye in the 20 July firing as an evidence.

What Do Peitioners Seek?

The petition seeks directions to ban or decommission the use of wholly or partly metallic kinetic projectiles fired from pump action rifles or Projectile Action Guns (PAGs) by law enforcement agencies for crowd control, NDTV reported.

Senior Advocate Vrinda Grover who appeared from the petitioners’ side, argued that while rubber and plastic pellets are available, the weapons used during the July 20 protest discharged metallic pellets that were later recovered from the bodies of the injured protesters.

The petitioners, according to Indian Express, said that the United Nations Guidelines on Less Lethal Weapons in Law Enforcement caution against using such weapons on crowds. The guidelines also state that deploying projectile-activated guns, or pellet guns loaded with partly or wholly metallic pellets, for crowd dispersal fails the constitutional tests of “necessity, proportionality, and reasonableness”.

Grover said, "There can be rubber, plastic and metallic pellets. These were metallic and recovered from the bodies. The nature of the crowd will determine the use as well. Was it a violent mob? No. These metallic pellets were fired," she submitted.

Why Are The Ammunition Logs Important?

During the hearing, Kant suggested that the petition be modified to focus on regulating the use of pellet guns rather than seeking an outright prohibition.

"In light of the alleged excessive use, your prayer should be that the court lays down a protocol regarding their use," Kant said, as quoted by NDTV.

Justice Joymalya Bagchi also advised the petitioners to make amends to the existing plea so that the court may look into the current norms.

"Some changes need to be made in your prayers so we can look into the existing norms which the police and forces follow on this issue," Justice Bagchi said, as per NDTV.