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SQ
Pellet Guns Cannot Be Banned Without Challenging Existing Rules: Supreme Court
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Kashmir Life
During the hearing, Justice Bagchi observed that the petition’s prayer for a complete ban was too broad as it did not challenge the legal framework permitting the use of pellet guns.
“As long as the regulations permit their use in exceptional situations, the court cannot ban them.
If the petitioners seek to phase out pellet guns, they must challenge those provisions as being unconstitutional under Article 21,” the bench observed.
It also seeks compensation, medical treatment and rehabilitation for those injured during the July 20 protest, alleging that RAF personnel used tear gas, lathi-charge and metallic pellet ammunition without prior warning near Connaught Place.
According to the petitioners, the use of metallic pellet guns violates constitutional guarantees of life and the right to peaceful assembly as it fails the tests of necessity, proportionality and reasonableness governing the use of force by the State.