J&K HIGH COURT BAR ASSOCIATION Vs. UNION OF INDIA
LAWS(J&K)-2020-3-34
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 11,2020

JAndK High Court Bar Association Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

ANITA THAKUR AND OTHERS VS. GOVT. OF J & K AND OTHERS [REFERRED TO]


JUDGEMENT

Ali Mohammad Magrey, Dhiraj Singh Thakur,J. - (1.)This petition has been filed by the Jammu and Kashmir High Court Bar Association, Srinagar, through its Executive Member, Mr. Muhammad Ashraf Bhat, way back in July, 2016, with the following prayers:
'a) That the respondents, their agents and servants be prohibited by a writ of prohibition from using or caused to be used 12-Bore Pellet Gun and or of any other Bore and Cartridges containing pellets as a means of crowd control against any group of people, including protestors in the State of Jammu and Kashmir. The use of pellet gun be totally banned as a means of crowd control.

b) That all the officers, who took the decision of using the pellet gun at the protestors and non-protestors after 8th July, 2016 and those who actually fired the pellet guns be prosecuted. Cases be directed to be registered against them for causing unlawful bodily injury, deprivation of eye sight etc.

c) That the respondents, their agents and servants be directed to compensate all those persons whose names are mentioned in the petition as well as those whose particulars will come to the notice of this Hon'ble Court during the hearing of this petition and the compensation be determined in the context of violation of Article 21 of the Constitution as made applicable to the State of Jammu and Kashmir, as these persons have either been deprived of their eye sight and or have suffered bodily injury, trauma, agony, mental pain etc.;

d) That the Director, SKIMS, Soura, Srinagar, Principal, SKIMS, Medical College, Bemina; Director, Health Services, Kashmir, and the Medical Superintendent, SMHS Hospital be directed to furnish to this Hon'ble Court details of all those persons who reported in the SKIMS, Hospitals, District Hospitals, Sub District Hospitals, Primary Health Centres for treatment on account of pellet injury and the treatment provided to them.

e) That the State of Jammu and Kashmir through Chief Secretary be directed to furnish report to this Hon'ble Court as to the circumstances and the time decision to refer pellet injury patients outside the State was taken. The respondents be also directed to bring competent and well trained surgeons from outside the State so as to provide treatment to those who are not willing to go outside for treatment or have no means for meeting the expenses of such treatment inside or outside the State. The Court may also determine negligence, if any, caused by any authority of the State in dealing with pellet injury patients.

d) Any other appropriate writ direction or order as the Hon'ble Court may deem fit in the facts and circumstances of the case be also passed in favour of the petitioner and against the respondents. '

(2.)We have heard learned counsel for the parties and considered the matter.
(3.)As per the averments made in the petition, the immediate cause for filing of this writ petition has been the unpleasant events which had occurred from 08.07.2016 wherein, according to the petitioner association, people, including teenagers, watching clashes between protestors and security forces, had received pellet injuries in their eyes, skulls and throats. It is alleged that about 4000 persons were injured and about 100 persons were blinded. The petitioner in para 7(f) of the petition has given particulars of 46 persons whose eyes, according to him, were damaged by pellet injuries. Alleging excessive use of force against protestors, the petitioner in the petition has referred to various provisions of the Code of Criminal Procedure and other procedures to be adopted for dealing with and dispersal of assemblies. The petitioner association, professedly, espousing a public interest, has filed this petition with the above prayers.
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