On Tuesday, the government of J&K told the high Court that implementing the law and order in the state is the duty of the State and the court cannot recommend to how such situations have to be handled.
It said that It is constitutional and legal duty of the State to maintain law and order. What method is required to be given effect in order to control law and order has to be left to the State.
The government said that the court cannot guide the law enforcing agencies to act in a particular manner or way.
The government said in its response to a public interest litigation (PIL) filed by High Court Bar Association of J&K seeking ban on the use of pellet guns.
Th government said that the fundamental rights do not provide a license to the people to take law into their own hands and damage the property of the government.
It said that a fundamental right of a person is only a non-violent protest march which is given by the constitution of India. Even such a right is subject to reasonable restriction in the interest of integrity and sovereignty of nation.
The government said that the pellet gun is a modern method to deal with violent crowd control, particularly agitating mobs who resort to heavy stone pelting, arson, at the instigation of militants, rioting and separatists with the intention of causing loss of life of peace-loving citizens, security forces and police personnel, besides damaging public and private property.
“In the aftermath of the killing of terrorist Burhan Wani on 8th July, 2016, the entire Kashmir Valley was rocked by unpleasant events in which thousands of people resorted to violent agitations and attempted to cause loss to the life of security forces personnel and that of peace-loving citizens, besides causing enormous damage to the public and private property.
The government said in its response that 3777 in precise till 30th August 2016 police and security forces personnel have also sustained injuries during the attacks on them by the crowd by using petrol bombs, sharp-edged weapons and stones.
The government said that since the unrest broke out in the valley on 9th July, 1522 incidents of violence have been reported across Kashmir till 30th August, in the violence 72 lives lost, including two police personnel.
31 police stations/police posts, 164 ambulances, 2 courts, and 51 other establishments have been damaged during the same period.
The government said that as many as 1431 FIRs have been registered, 813 persons have been arrested and 409 such persons have been detained or bound down by taking bonds under CrPC during the same period.
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