The Supreme Court on Thursday directed authorities to ensure that protesters injured in the recent police action at Jantar Mantar receive appropriate medical treatment, while observing that a plea seeking a complete ban on the use of pellet guns against civilian assemblies cannot be considered in its present form as it does not challenge the existing legal framework governing such use.
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana heard the petitions arising from the alleged use of pellet guns by police during the dispersal of protesters at Jantar Mantar.
During the hearing, counsel appearing for the petitioners submitted that several protesters had suffered pellet injuries and sought immediate medical assistance for the victims. Taking note of the submission, the Bench directed the concerned authorities to ensure that all injured persons receive necessary treatment.
The Court, however, expressed reservations over the broader prayer seeking a blanket prohibition on the use of pellet guns against civilian gatherings. It observed that such a direction could not be issued merely on the basis of a general plea, particularly when the petition did not specifically challenge the statutory provisions, regulations or standard operating procedures that govern the deployment of such force by law enforcement agencies.
The Bench indicated that any judicial examination of the legality of pellet gun use would require a substantive challenge to the existing regulatory framework rather than a broad prayer seeking a ban.
At the same time, the Court remained concerned about the injuries allegedly suffered by protesters and stressed that medical care should not be delayed. It clarified that ensuring treatment for the injured was an immediate humanitarian concern independent of the larger legal questions surrounding the use of pellet guns.
The matter forms part of the Supreme Court’s continuing scrutiny of issues relating to police action during public protests. The Court is expected to consider the broader questions concerning crowd-control measures and the legality of the use of force after the pleadings are completed and the relevant legal framework is placed on record.
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