A child hit by pellets lies in a hospital bed in Srinagar.

Ishfaq Tantry

Tribune News Service

Srinagar, September 21

The Jammu and Kashmir High Court today declined a plea by the High Court Bar Association to ban pellet guns in the region, observing that these had helped minimise casualties during violent protests in the Valley.The court said that with mobs resorting to violence, the use of force was inevitable. It also said security personnel, if attacked, had to use force for self-defence and for protecting public property.The Bar Association, in its public interest litigation filed in August, had sought a “complete ban” on the use of pellet guns “that have maimed and blinded scores of civilians.”A Division Bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey, referring to replies filed by the Union Home Ministry, the state police and the CRPF, observed: “Almost every day, security personnel, their camps and police stations are targeted by unruly crowds. It is true that many persons have been injured…, some of them seriously. It is also true that because of the use of pellet guns, the loss of life has been less.”Regarding human rights violations, the Bench said: “If the protest is not peaceful and the security personnel are attacked by a violent mob, they have to necessarily use force for self-defence and for protecting public property.” It, however, observed that only an investigative agency could ascertain if in a particular situation or place the use of force had been excessive.”Thus, it is manifest that so long as there is violence by unruly mobs, the use of force is inevitable. What kind of force has to be used at the relevant point of time or in a given situation or place has to be decided by the persons in-charge…”