‘Pellet guns allowed only in ‘exceptional circumstances’: SC seeks Delhi Police SOP

New Delhi: The Supreme Court on Thursday directed Delhi Police to place on record its standard operating procedure governing the use of pellet guns during crowd-control operations.

The direction came during the hearing of a petition challenging the alleged use of metallic pellet guns at the Cockroach Janta Party protest at Delhi’s Jantar Mantar.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice to the Centre. It sought the government’s response on the rules and SOP regulating the use of pellet guns by police.

Metallic pellets alleged

Senior advocate Vrinda Grover, appearing for the petitioners, told the bench that the weapons used against protesters fired “kinetic metallic projectiles”. She argued that these differed from rubber or plastic pellets.

“There can be rubber, plastic and metallic pellets. These were metallic and recovered from the bodies. Nature of the crowd will determine use of this as well. Was it a violent mob? No. These metallic pellets were fired,” Grover told the bench.

Grover argued that the protesters did not form a violent mob and that the use of metallic pellets was unjustified.

Rules allow limited use

Justice Bagchi said the existing police rules permit the use of pellet guns in limited situations.

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

The court said it was willing to examine whether the use of pellets was justified in this case. However, the petitioners would have to show that the action violated the graded use-of-force framework under police rules.

“We are not averse to examining the use of pellets in an individual case. You have to show us if graded response use of pellets can be allowed when even bullets are used in some situations,” Justice Bagchi observed.

CJI suggests protocol

Chief Justice Surya Kant suggested that the petitioners seek court-mandated guidelines instead of a complete ban on pellet guns.

“In light of the alleged excessive use, your prayer should be that the court lays down a protocol regarding the use,” the CJI observed.

Justice Bagchi said the court supported a non-violent approach towards student protests. However, he added that authorities may need a graded response in some circumstances.

“We are in agreement with your prayer for no violence principle on persons expressing dissatisfaction or protesting. But graded response may be required in some cases. The best way is to arm police personnel; that gives them confidenceeveryone is a human being. If someone is coming with a lathi, you will take a few more moments before reaction,” he said.

Jantar Mantar clashes

The case arose from violence during the CJP’s ‘Chalo Sansad’ march on July 20 over the NEET-UG paper leak controversy.

Protesters and security personnel clashed at several locations near Jantar Mantar. The violence left several demonstrators and police personnel injured.

Reports that protesters had suffered serious injuries from alleged pellet gun fire later triggered a political controversy.

Police records cited

Police records show that the Rapid Action Force used 55 non-electrical shells, 15 electrical shells, five tear-smoke grenades and two rounds from anti-riot guns to disperse the crowd.

The records also mention two rounds of plastic pellets. Police officials have maintained that each cartridge contains four plastic projectiles designed to cause less severe injuries than metallic pellets.

The petitioners, however, alleged that doctors recovered metallic projectiles from the bodies of injured protesters.

CJP ends protest

The CJP called off its 36-day sit-in at Jantar Mantar on Saturday after claiming that the Centre had accepted its main demands.

These included the resignation of then Union Education Minister Dharmendra Pradhan, withdrawal of F