J&K HC Dismisses Intervention Application Of Association Of Pellet Survivors In Ongoing PIL As "Unnecessary" [Read Order]

The Jammu and Kashmir High Court has dismissed an application filed by Association of Pellet Survivors to intervene in an ongoing Public Interest Litigation.

This happened on February 10 in a PIL filed by J&K High Court Bar Association.

The Court observed that the intervention of the Association was "unnecessary" as the interest of the "alleged pellet survivors" is already being pursued by the Bar Association.

"We feel that there is no scope for allowing the applicant claiming to be the President of Association of Pellet Survivors, to intervene in the matter as the interest of alleged pellet victims is already being pursued by the Bar Association in the PIL. In that view of the matter, the application being unnecessary, shall stand rejected", ordered a bench comprising Justices Dhiraj Singh Thakur and Ali Mohammad Magrey.

From a verification of case history, it is seen that on eleven previous postings of the case since August 5, 2019 (when J&K was placed under lockdown following the revocation of the special status of the case), the hearing got adjourned due to the non-availability of the petitioner.

In the order passed on December 16 last year , it is recorded :

"It is noted that the writ petition has been listed on 5th August, 2019, 6th August, 2019, 30th August, 2019, 4th September, 2019, 12th September, 2019, 18th September, 2019, 25th September, 2019, 4th October, 2019, 11th October, 2019, 18th October, 2019, but the learned counsel for the petitioners did not appear and it was only on 1st November, 2019, Mr G. N. shaheen, Advocate, appeared on behalf of petitioner/ Bar Association and sought short adjournment for being short of brief." 

The case was then posted on February 10, when the Court dismissed the intervention application filed by the Association this year. Notably, the President of the J&K HC Bar Association, Mian Abdul Qayoom, has been under preventive detention since August 5. 

The PIL has been on going since 2016.

Referring to various government and non-governmental data, The Hindu reported in June 2019 that the number of pellet victims in Kashmir since the pellet shotgun was introduced in 2010 to quell mass street protests, is likely to be between 10,000 to 20,000 persons. As per a study by 'India Spend', pellet guns have killed 24 and blinded 139 persons in Kashmir since 2010.

According to Union Home ministry, pellet guns are considered as non-lethal weapons for controlling crowd during protests.

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