Supreme Court asks Centre to preserve RAF ammunition log in NEET protest pellet gun case

The Supreme Court on Thursday directed the Centre to preserve the ammunition log of the Rapid Action Force RAF deployed during the July 20 student protest at Delhis Jantar Mantar while hearing a petition alleging the use of metallic pellet guns against demonstrators protesting the alleged NEET paper leakThe court also asked the Delhi government to ensure the best possible medical treatment for those who sustained pellet injuries during the protest including petitioners Prashant Kumar and Sheikh Irshad MansooriSupreme Court orders preservation of ammunition recordsA Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana passed the direction after hearing submissions by senior advocate Vrinda Grover who appeared for the petitionersThe Bench noted that it had already directed authorities to preserve CCTV footage drone recordings body camera footage and wireless logs during an earlier hearing On Thursday it extended the scope by directing that the RAFs ammunition log also be preservedSolicitor General Tushar Mehta assured the court that all material required for the investigation would be safeguardedWhatever is required for investigation will be preserved Mehta told the courtCourt questions plea seeking blanket ban on pellet gunsDuring the hearing the Bench observed that the petitions request for a complete ban on the use of pellet guns by law enforcement agencies was too broad without specifically challenging the regulations that currently permit their useThe judges noted that under the Bureau of Police Research and Development BPRD advisory police are authorised to use pellet guns in exceptional situations as part of crowdcontrol measuresJustice Joymalya Bagchi described the prayer seeking a complete prohibition on pellet guns as vague in the absence of a challenge to the applicable police regulationsPetitioners allege use of metallic pelletsSenior advocate Vrinda Grover argued that the present case specifically concerns the alleged use of metallic pellets against student protestersI am not saying pellet guns should not be in the armoury of the RAF or not Here it is different They have used metallic pellets she submittedGrover further argued that there was no publicly available standing order issued by the Delhi Police permitting the use of metallic pellet ammunition during crowdcontrol operationsThere is no standing order of the Delhi Police which permits the use of pellets That is why my difficulty arises and I have to rely on BPRD If there is such a standing order the Union may place it on record I am sure the Union and the Delhi Police do not wish to fire pellets on innocent youngsters she saidShe added I could not find any such standing order of the Delhi Police at allCourt acknowledges need for graded police responseThe Bench observed that while peaceful protests are protected law enforcement agencies may sometimes have to respond to changing ground situations if demonstrations turn violentThe judges said a peaceful protest could unexpectedly escalate because of the presence of antisocial elements making a graded response by police necessaryThe court also indicated that it was willing to examine whether the alleged use of metallic pellets in the July 20 protest was consistent with the prescribed operational guidelinesPetition seeks nationwide ban and compensationThe petition was filed by former Central Information Commissioner and retired IPS officer Yashovardhan Azad along with injured protesters Prashant Kumar and Sheikh Irshad MansooriThe petitioners have sought a nationwide ban on the use of wholly or partly metallic pellet ammunition fired through pumpaction or projectileaction guns for crowd control arguing that such weapons pose a serious risk of severe injuries and are incompatible with constitutional safeguards governing the use of forceThey have also sought compensation comprehensive medical treatment and rehabilitation for those allegedly injured during the protestAccording to the petition the RAF which had been deployed to assist the Delhi Police during the July 20 demonstration allegedly used tear gas baton charges and later fired pumpaction guns loaded with metallic pellets near Connaught Place without issuing prior warning The petition further claims that several protesters suffered serious injuries including eye injuriesWith inputs from PTI