NEET Paper Leak Protests: How Can Use Of Pellet Guns Be Banned if Protest Turns Violent? Supreme Court Asks

The Supreme Court today heard a plea against the alleged use of pellet guns by the Rapid Action Force(RAF) against the student protests at Jantar Mantar.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana while hearing the petition filed by former IPS officer, Yashovardhan Azad, and two other persons, Prasant Kumar Singh and Sheikh Irshad Mansoori observed that it cannot ban use of pellet guns. Noting that there may be situations where the protestors may turn violent or may be joined by miscreants for ulterior purposes, the bench added that a blanket ban cannot be imposed.

Justice Bagchi said that a bona fide protest may turn violent at any point, perhaps due to infiltration of anti-social elements, and "graded responses" of the law enforcement might be sometimes necessary.

Singh and Mansoori, the two petitioner before court stated that they were victims of pellets fired by the Rapid Action Force(RAF) during the demonstration organised by the Cockroach Janata Party on July 20 over the issue of exam paper leaks.

Advocate Vrinda Grover appeared for the petitioners and stated before court, "Delhi police should place on record the standing order which allows use of these pellets.."

Solicitor General Tushar Mehta assured court that he would do whatever is necessary to assist the Court.

Court has passed an interim order directing the Delhi Government to ensure that the injured petitioners and other similarly placed persons are given adequate medical treatment.

The petition mentions that the RAF had ordered a verification into the allegation of excesses as a news report revealed that, as per the logbook of the RAF, seven rounds of pellet guns were fired by them on July 20. It has been submitted by the petitioners that the use of pellets is per se unfit for dispersal of peaceful assemblies as it fails the constitutional test of proportionality, necessity and reasonableness. Referring to Section 148 of the Bharatiya Nagarika Suraksha Sanhita, 2023, they have pointed out that the legislative scheme clearly indicates that an assembly must first be commanded to disperse, and if it does not do so, then all efforts must be made to disperse the assembly using civil force.

"Given the sporadic and unpredictable nature of the trajectory of pellets once fired, the Petitioners argue that the same makes the pellet guns an unreasonable, arbitrary and dangerous tool unfit for deployment against civilian assemblies for the purpose of their dispersal. The very mechanism of the pellets disqualifies them from being a legally valid option for crowd control, as it cannot be qualitatively stated to fall within the “least amount of necessary force” at any given point of time in view of its erratic kinetic projectile movement," the plea states.

The petition prays for directions for banning or decommissioning the use of wholly or partly metallic pellet guns for dispersing civilian assemblies. Compensation, along with complete medical treatment, care and rehabilitation, to all persons injured in the July 20 incident.

Recently, the Supreme Court has directed that no coercive action would taken against the protestors involved in the recent protests that happened in various parts of the country over the NEET paper leak. A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana also ordered immediate release of minors detained by police across different States except those with criminal background.

CJI Kant noted that allegations of excesses by the police prima facie made out a case of fair and independent probe. Thus, it proposed to constitute a high-powered committee to ensure a fair and independent probe to these incident of violence. "If we broadly combine the allegations, one is the use of pellet guns, a boy suffered loss of eyesight..use of electric batons and lathis..there is another instance of a woman who is in ICU..then assault on advocates..another incident of assaulting of media persons..violence perpetrated by police personnel in civil dresses..and some instance of molestation of young women..excessive use of pellet guns..", CJI Kant observed.

Supporting the court's stand, Solicitor General Tushar Mehta appearing for Centre and Delhi government stated ,"There is one set of petitioners who say the students were beaten brutally..if that is so it cannot be taken lightly and government does not take it lightly..STUDENTS HAVE A RIGHT TO PROTEST..There is another set of police officers who have been beaten and I have the figures..We cannot do anything that may demoralise the police..there may be one truth, another truth and THE TRUTH..which should come before the lordships.."

Case Title: Yashovardhan Azan and Others v. Union of India and Others

Bench: CJI Kant, Justice Bagchi and Justice Mohana

Hearing Date: July 30, 2026