The J&K High Court on Thursday directed the state government to file a status report concerning facilities provided topellet-blinded victims as well as to other visually impaired persons of the state.The division bench of Chief Justice Gita Mittal and Justice Rashid Ali Dar passed the direction after the state government informed that it had prepared the status report and will be filing it later today(Thursday).

The court has been hearing a PIL (public interestlitigation) filed by the High Court Bar Association Kashmir seeking a ban onuse of pellet guns in Kashmir and for rehabilitation, compensation and advanced treatment to pellet victims.

Senior counsel Zaffar Shah argued in the court today thatthe power of the state to use force was regulated by law.“The law has not ignored the proportion of force to be used against any unlawful assembly,” Shahsaid, and explained the Criminal Procedure Code from Section 127 to 132. He submitted before the court that only an Executive Magistrate can command to disperse an unlawful assembly, and if necessary with as little force as may beused.He said as per Section 127 and 128, the power lies with an executive magistrate and a police officer to deal with any unlawful assembly, but as per Section 129 and Section 130, the power lies only with an executive magistrateto command any unlawful assembly to disperse.

He also said that under Section 131, the power of containing any unlawful assembly lies with an executive magistrate or commissioned officer of the army.

Section 132 deals with regulating police action, he said.“Weneed to know what weaponry the enforcement agency can use in light of thesesections, as it has been emphasised that little force or little damage needs tobe caused in case there is a violent unlawful assembly going on,” Shah argued.

He posed a question to the court whether this “little damage” or “little force” will be caused by a lathi charge, or rubber bullets,tear smoke shells, pellet guns, or firearms.

This needs to be answered,” Shah said while concluding hisarguments.

The case will be heard again on Friday.

The Supreme Court of India on has directed State High Courtto decide the matter within six weeks on the relief prayed.