B.A. MISRI Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) These three writ petitions, professedly filed in public interest by three different persons relate to more or less the same subject matter. Two of them have been filed by two Advocates. In the first two writ petitions, the petitioners have sought a direction to the respondents/security agencies not to use pepper gas in mob management, whereas in the third writ petition the petitioner has also sought mandamus for non-use of pellet guns.

(2.) Owp no. 01/2013 is primarily filed on the ground that the police is rampantly using pepper gas and tear gas to disperse mobs which has far reaching consequences on non-combatants, bystanders and the dwellers of the area. It is averred that the gases are of hazardous nature which can induce or aggravate respiratory diseases, pulmonary edema, acute elevation in blood pressure associated with risk of stroke and heart attack. It is alleged that the use of gases has already claimed several lives and that the same infuse multifarious disorders, diseases and uneasiness especially among the children and aged. Writ petition, OWP no. 04/2013, has been filed on almost identical assertions. In both these petitions, the claims put forth by the petitioners is solely based on newspaper reports which has not been substantiated in material particulars by any authentic evidence.

(3.) In the third petition, i.e., OWP no. 12/2013, the grievance projected is against use of Pellet Guns and marble shots besides the use of pepper gas. It is alleged that the deadly pellet guns and marble shots are being used by the Police and CRPF personnel directly targeting the vital parts viz. eyes, chest, head, back, abdomen etc. in order to disperse mobs. The contention raised is that use of pellet guns and marble shots tantamount to using excessive force which is not permissible under Section 128 of the Code of Criminal Procedure. The petitioner has also appended with the writ petition two self styled statements containing the names of 32 persons who are alleged to have been fatally injured by the use of excessive force and use of either pepper gas, pellet guns or marble shots at different places in the Valley in the last few years. Apart from that, one Hajira Begum wife of Habibullah Bhat of Rehbab Sahab, Aali Kadal aged 50 years, shown at serial no.4 of the first list (annexure A) is alleged to have died because of inhaling of pepper gas.