The Supreme Court (SC) on Thursday issued orders to the Delhi government to provide medical treatment to protestors who allegedly sustained injuries during the Cockroach Janta Party (CJP)-led July 20 demonstrations at Jantar Mantar in the national capital. The top court ruled that the use of pellet guns is permissible only in exceptional circumstances under the existing rules crafted for police. 

The directives came while the court was hearing a petition seeking a complete ban on pellet guns and compensation for the ones injured during the protest. A Bench led by Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana directed the National Capital Territory (NCT) Government to ensure that all affected people receive appropriate medical care. 

As per reports, the Bench said that the Delhi Government must provide treatment not only to the petitioner, but also to other similarly placed people who sustained injuries during the course of the protest. 

Plea seeks ban on pellet guns 

Yashovardhan Azad, former Special Intelligence Bureau (IB) and former Central Information Commissioner filed the petition under the Right to Information Act. Azad urged the top court to prohibit the use of wholly or partially metallic kinetic projectiles, including pellets fired by means of pump-action rifles or projectile action guns (PAG), for dispersing protestors and civilian gatherings. The plea also sought compensation for victims injured during the July 20 ‘Chalo Sansad’ protest. 

However, the Bench noted that pellet guns remain a legally recognised crowd-control measure under the existing framework and cannot be declared unlawful unless the governing rules are themselves challenged. 

Justice Bagchi asserted that police regulations permit the use of pellet guns in exceptional situations as part of a graded response to law-and-order situations. CJI Kant further suggested that, in view of allegations of excessive force, the petitioner could instead seek judicial guidelines governing the protocol for their use. 

Court reiterates balance between protest rights and law enforcement

Notably, the SC had earlier stressed that while the constitutional right to peaceful protest must be protected, violence by demonstrators and the excessive use of police force by law enforcement agencies are equally unacceptable. 

The observations came amid multiple petitions questioning the police action during the protest.