The Supreme Court on Thursday directed the Delhi government to ensure medical treatment is provided to the protestors at Jantar Mantar who suffered injuries from pellet guns used by police.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana passed the direction on a plea filed by a former Intelligence Bureau (IB) special director against the use of pellet guns.
"Government of Delhi shall provide medical treatment to the injured petitioner or other similarly placed individuals," the Court directed.
The plea was filed by Yashovardhan Azad, a former special director of IB who had also served as the Central Information Commissioner (CIC) under the Right to Information Act.
The plea flagged the use of pellet guns at Jantar Mantar protestors by the Rapid Action Force.
"The injury caused to civilians by pellets fired by RAF personnel who were peacefully gathered for the Sansad Chalo march further entitles them to the public law remedy of compensation," it was submitted.
The petitioner sought directions banning the use of wholly or partly metallic kinetic projectiles / pellets fired from pump action rifles or projectile action guns (PAG) for the purpose of crowd dispersal of civilian assemblies by law enforcement agencies.
The victims of pellet gun injuries should be adequately compensated and they should be provided medical treatment, it was contended.
The Bench pointed out that police rules allows the use of pellet guns in exceptional circumstances and unless the rules are changed, the use of such weapons cannot be considered illegal.
"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 pointed out.
"In light of alleged excessive use, your prayer should be that court lays down a protocol regarding the use," the CJI weighed in.
"In Calcutta, there was a rule that bullets should be fired at the chest to preserve ammunition and not any other body area. that rule was struck down. So you have to show us rules where use of pellets is arbitrary, etc," the Court told the petitioner.
Advocate Vrinda Grover, appearing for the petitioners, said that there is no standing order of Delhi police mandating the use of pellets.
"If that is there, let it be placed. I am sure Union or NCT does not want to fire pellets at students," Grover said.
"We are agreeable to non-violent approach when protest by students etc and that personal hijacking of protest cannot be allowed which sabotages the bona fide of the protest for their ulterior motives. Arm your police in such a way that they don't have to revert to such actions," Justice Bagchi remarked.
"They had protective gear... But yes I agree," Solicitor General Tushar Mehta said on behalf of the government.
The Court eventually asked the petitioner to amend the plea and challenge the rules which allows use of pellet guns.
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