Supreme Court Allows Pellet Guns in ‘Exceptional Circumstances’ Amid Protest Plea Hearing

A bench led by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana heard a petition filed by Yashovardhan Azad, a former special director of the Intelligence Bureau and Central Information Commissioner (CIC) under the Right to Information Act. The petition sought a ban on the use of pellet guns and compensation for victims injured during the July 20 protest.

The petitioner also sought directions to prohibit the use of wholly or partly metallic kinetic projectiles, pellets fired from pump action rifles, or projectile action guns (PAG) for dispersing protestors and other civilian assemblies.

During the hearing, the Supreme Court noted that pellet guns are allowed under exceptional circumstances and cannot be considered illegal unless the rules governing their use are challenged and changed.

“Police rules allows the use in exceptional circumstances unless you challenge the rules itself. One of the steps of graded approach is use of pellet guns,” Justice Bagchi observed.

“In light of alleged excessive use, your prayer should be that court lays down a protocol regarding the use,” Chief Justice Surya Kant added.

The hearing concluded with an order directing the NCT government of Delhi to ensure medical treatment for protestors injured by pellets during the July 20 protest.

“Government of Delhi shall provide medical treatment to the injured petitioner or other similarly placed individuals,” the Court directed, as reported by Bar and Bench.

Earlier this week, the Supreme Court had noted the alleged excessive use of force during the security crackdown on July 20 against students and protestors participating in the Cockroach Janta Party’s ‘Chalo Sansad’ march.

While hearing multiple petitions, Chief Justice Surya Kant stated that the constitutional right to peaceful protest must be protected, but violence by demonstrators and excessive use of force by police were equally unacceptable.

Responding to the Supreme Court’s remarks, Cockroach Janta Party (CJP) spokesperson Saurav Das wrote that the observations reflected the concerns raised by the party.

Meanwhile, the Central government has denied claims that pellet guns were used against protestors at Jantar Mantar on July 20. However, Leader of the Opposition in the Lok Sabha Rahul Gandhi alleged that students were fired upon, resulting in at least five protestors sustaining pellet-like injuries and wounds.

During a press conference on Wednesday evening, Gandhi showed photographs of protestors with injuries that he claimed were caused by pellets. The press conference took place after Union Minister of State Jitendra Singh told the Lok Sabha that no bullets were fired and that only tear gas was used to disperse protestors.

Gandhi also alleged that the firing order was given by Home Minister Amit Shah, under whose authority the Delhi Police, RAF, CRPF and other security personnel in the national capital report. The BJP denied the allegation and called on Gandhi to “apologise for his false claims.”

The Supreme Court’s observations and directions have brought renewed focus on the rules governing the use of pellet guns, the treatment of injured protestors, and the allegations surrounding the July 20 protest crackdown.