The main legal point established in the judgment is the necessity of force, including the use of pellet guns, in the face of violent protests, and the importance of following the Standard Operation Procedure (SOP) for dispersal of mobs and maintenance of law and order.

N. Paul Vasantha Kumar, J.

1. In the writ petition following five reliefs have been sought, namely:

(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 guns 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 SLIMS, Soura, Srinagar, Principal, SKIMS Medical College Bemina, Director Health Services Kashmir and the Medical Superintendent S.M.H.S. 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.

This matter was heard and reserved for orders on 06.09.2016. On that date Mr. S.A. Makroo, learned ASGI, appearing for respondent Nos. 1 and 4 stated that he will circulate the Expert Committee's report shortly and his statement was recorded in our order dated 06.09.2016. We have waited for the said report till date but the Committee's Report has not been circulated, therefore, we are inclined to decide the matter without further waiting for the said report.

2. As the learned senior counsel appearing for the petitioner and the respective counsels for the respondents addressed arguments on the first two prayers alone, this order is restricted to above prayers, namely, prayers (a) and (b) and the rest of the prayers will be considered at a later stage.

3. It is the contention of the petitioner in the affidavit that due to the incident that occurred on 8th of July, 2016, more than 4000 people have been injured, more than 50 persons have been killed and more than 100 have been blinded. The entire Kashmir Valley is faced with curfew/restrictions. It is alleged that people who were peacefully protesting, have been deprived of their right to protest peacefully or to mourn over the death of those who have been killed. The free use of Pellet Gun against the people has resulted in injuries to 4000 people apart from blinding many persons including children and women. It is alleged that some people watching clashes amongst protestors and security forces have suffered pellet injuries. It is claimed in the petition that Pellet Gun is having the lethal effect and the mandatory provisions as prescribed under Secti