M.M.Kumar, ALI MOHAMMAD MAGREY
B. A. Misri – Appellant
Versus
State Of J&K – Respondent
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
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