In exceptional circumstances: Supreme Court issues notice to Centre over pellet gun use SOP

PTC News Desk: The Supreme Court on Thursday examined a plea challenging the use of metallic pellet guns by police during the CJP protests at Delhi's Jantar Mantar, asserting that police rules permit such measures only “in exceptional circumstances".  The court also asked the Delhi Police to place on record the standard operating procedure (SOP) governing their use. 

A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice to the Centre and sought its response on the rules and SOP regulating the deployment of pellet guns by police.

Appearing for the petitioners, senior advocate Vrinda Grover argued that the weapons used against the protesters fired metallic pellets, which are different from rubber or plastic pellets.

She told the court that metallic pellets had been recovered from the bodies of injured protesters and questioned why such force was used when the crowd was not violent.

"There can be rubber, plastic and metallic pellets. These were metallic and recovered from the bodies. Was it a violent mob? No. These metallic pellets were fired," Grover told the bench.

Justice Joymalya Bagchi, however, pointed out that existing police rules allow the use of pellet guns in exceptional situations as part of a graded use-of-force policy.

"But police rules allow the use in exceptional circumstances unless you challenge the rules themselves. One of the steps of the graded approach is the use of pellet guns," he observed.

The court said it was ready to examine whether pellet guns were used appropriately in this case. However, it noted that the petitioners would first have to prove that their use violated the graded use-of-force guidelines under police rules.

"We are not averse to examining the use of pellets in an individual case. You have to show us whether the graded response allows the use of pellets, especially when even bullets are permitted in some situations," Justice Bagchi said.

The Chief Justice suggested that instead of seeking a complete ban on pellet guns, the petitioners could ask the court to frame clear guidelines for their use.

Referring to the allegations of excessive force, the Chief Justice said, "In light of the alleged excessive use, your prayer should be that the court lays down a protocol regarding the use."

Justice Bagchi also stressed that student protests should be handled peacefully whenever possible, while adding that authorities may use a graded level of force in situations where it becomes necessary.