Petitioners To Approach SC On HC Judgment On Pellet, Pepper Gas

KL Report


After the recent dismissal of the Public Interest Litigation (PIL) by the High Court, the petitioners seeking the ban on the use of pellet guns and pepper gas by Police in Valley Thursday said they would file the review petition against the high Court judgment.

Talking to Kashmir News Service (KNS), Advocate Aijaz Ahmad today said he will file a Special Leave Petition (SLP) in the Supreme Court besides filing the review petition over the recently dismissed PIL.

He further stated that the court had not appreciated the report of the department of general surgery, SKIMS wherein it had mentioned that the department has received 198 cases in which the people have been injured seriously by the pellet guns and pepper gas. “Out of 198, six deaths have been reported. Many have lost the eye sight, several have turned handicapped,” said Aijaz while adding that the petition was supported by the documental proof.

Aijaz further mentioned that the Chapter 9 of the criminal Procedure Code (CrPc) clearly mentions that only Highest rank of the Executive Magistrate can order the usage of force on the ‘unlawful’ assembly of the people. “The force has to be minimum and the person can only be detained, the excessive force cannot be inflicted on the protesting mob.” Aijaz further said that he had mentioned the CrPc chapter 9, section 129,130,131 in the petition. “This has not been reflected in the judgment.”

Aijaz claimed that he was not intimidated about the judgment and that he only came to know about the verdict through the journalists. “Journalists called me and I came to know about the court order from them only.”


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