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| HC dismisses PILs seeking ban on use of 'pepper gas, pellets' | | 'People participating in mob can't seek support of PIL' | | S Sabaqat
Srinagar, Oct 30: Observing that those participating in mob/frenzies cannot seek support of Public Interest Litigations (PILs) , a division bench of Jammu and Kashmir High Court today dismissed PILs, seeking ban on use of pepper gas and pellets used by security forces against unruly mobs in the state to restore law and order.
While dismissing the PILs filed by two advocates B A Misri, Mian Tufail and Abdul Manan Bukhari member of moderate Hurriyat Conference, the Division Bench (DB) comprising Chief Justice M M Kumar and Justice Ali Mohammad Magrey said, "In view of the law laid down by the Supreme Court coupled with our findings, these petitions have been filed half heartedly and with oblique motive. We deem it appropriate to decline the prayer made by the petitioners."
"The tool of PIL has been devised to reach injustice wherever it is found overcoming financial, economic, geographical and locus standi barriers so as to strengthened the hand of social action group," the court said, adding, "The PIL jurisdiction does not give right to come to the court with bald statements unsupported by material particulars and documents."
In the present case, court said it is admitted as fact that a few persons have been injured while participating in unruly mob frenzies. "Such persons cannot seek support of PIL because they cannot be categorized as weak and disadvantaged who on account of poverty, helplessness or economic and social disabilities are unable to approach the court for relief," the court observed.
"Moreover, law and order situation are best left to be handled by the state which has constitutional and legal duty to maintain the same," the court said.
The State government and Union of India had contended that the petitions do not serve any public interest, but seem to be an attempt by the petitioners to gain publicity over a very sensitive issue, the government had said that J&K Police stands committed to protect and preserve the life and property of the people and at the same time maintains normalcy and peace in the State so that no hardship or disturbance is caused to the people.
It was further contended that to ensure minimum loss of life and damage to the property, the law enforcing agencies have procured for use various non-lethal munitions including Tear Smoke Shells and Oleoresin Grenades to disperse unruly mobs.
"These tear smoke and oleoresin grenades are internationally accepted non-lethal means of controlling unruly mobs to restore law and order. As such it becomes imperative for Police to use force for controlling the mobs by using non-lethal weapons like tear smoke gas and oleoresin grenades to avoid causalities."
Inspector General Police (Pers) PHQ Srinagar, Arun Kumar Chaudhary had stated that in past few years, "stone-pelters have attempted to disturb law and order situation, thereby threatening the peace and normalcy in the state."
Chaudhary had said that teargas and Oleoresin grenades "are completely safe for combating law and order situation.
These munitions have been cleared by DRDE (Defense Research and Development Establishment) by holding that these have no adverse affect on human body."
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