Skip to main content

Pellet guns in J&K: Disclosure of sale data not in public interest, says Ordnance Factory

By Venkatesh Nayak*
Readers will remember my despatch from September this year, describing my efforts to find out details about the sale and the efficacy of anti-riot weapons- particularly pellet guns which have caused severe injuries to hundreds of youth in various parts of Jammu and Kashmir. I had sought information under the Right to Information Act, 2005 (RTI Act) about the quantum and price of sale of pellet guns and cartridges as well reports of any studies conducted about the efficacy of such weapons and ammunition on human beings. The RTI application originally sent to the Ordnance Factory Board Kolkata (OFB), landed up with the Khadki Ordnance Factory (OFK).
Rejecting the RTI application, the Central Public Information Officer (CPIO), OFK, had invoked the ground of “defence interest of the State” under Section 8(1)(a) and also claimed that the information was in the nature of commercial confidence, trade secret and/or intellectual property and disclosure would adversely affect the competitive position of a third party. So I filed a first appeal against this order with the First Appellate Authority (FAA), OFK.
Now the FAA, OFK has, in his order, clearly stated that:
a) they do not hold reports of any studies regarding the efficacy of anti-riot weapons such as pellet cartridges; and
b) they do not manufacture anti-riot weapons such as pellet guns but only the ammunition used with it.
In response to the FAA’s direction to disclose specifications of the pellet cartridges, the CPIO has claimed that disclosure of the sale price and the quantum of sale of pellet cartridges is not in the public interest. The CPIO merely printed out the webpages from the OFB’s website regarding the specifications of the pellet cartridges and sent them to me after stamping them with a seal saying “Document issued under the RTI Act”.

What is problematic with the FAA’s order?

The FAA, OFK’s order is problematic in many ways:
1) if the Khadki Ordnance Factory (OFK) is not manufacturing the anti-riot weapon called pellet guns, where are law enforcement agencies, particularly the Central Reserve Police Force (CRPF) in J&K, buying these pellet guns from?;
2) if, as the manufacturing entity, OFK does not have any study reports regarding the efficacy and expected impact of pellets on human beings, how are they authorised to manufacture such ammunition and under whose orders? If there is no written record about how such ammunition will impact on the intended targets, how can any standardisation of ammunition be achieved? Readers will remember that OFK is a public sector enterprise which sells arms and ammunition not only to the defence forces and law enforcement agencies but also to civilians in the form of weapons for hunting, sporting and self-defence; Such a body is claiming that they do not have studies which show how such anti-riot ammunition will impact on human beings. This is indeed a very strange admission; and
3) The FAA did not bother to give any ruling on my arguments that the sale and pricing of anti-riot weapons cannot be rejected under the RTI Act under either Section 8(1)(a) or Section 8(1)(d).

What is problematic with the CPIO’s response after the FAA’s order?

1) While dealing with my RTI application initially, the CPIO had invoked 2 exemptions (listed above) to deny data regarding the pricing and sale of the anti-riot weapons. Realising that the claim cannot be justified, he has now argued that such disclosure will not be in the public interest. As pointed out above, the FAA did not give any ruling on this issue at all, which he should have. Instead, the CPIO is now raising a ground which is not even permitted under the RTI Act for rejecting an RTI application. According to Section 7(1) of the RTI Act, a request for information may be rejected only for reasons contained in the list of exemptions given in Sections 8 and 9. Nothing in those sections authorises a public authority to reject a request for information by holding that its disclosure not in the public interest.
If I had asked information about the manner of deployment of the anti-riot weapons or their distribution across the forces that are authorised to wield such weapons, that would not have been in the public interest to disclose. Even then it would still have to be linked to the exemptions related to protecting the country’s security or ensuring efficient operations of law enforcement agencies to reject the request.
2) The printout of the webpages that the CPIO has sent contain specifications for the 12-bore pellet cartridge that contain rubber pellets. According to several media reports officers engaged with the situation in J&K have commented that they use 9-bore cartridges. Several media reports indicate the use of metal pellets on protesters in J&K. So the information supplied by the CPIO does not match with the information emerging from the ground in J&K. So are the law enforcement agencies in J&K, especially the CRPF, sourcing the 9-bore pellet cartridges also from some source other than the Khadki Ordnance Factory? The information disclosed under RTI does not clear up this mystery either.

Terror financing seems to be alive despite demonetisation/remonetisation drive

The security forces are reported to have told the Jammu and Kashmir High Court that 3,000 pellet bearing cartridges and 8,650 tear gas cannisters have been used to disperse the protesters between July-August. More instances of the use of these “less lethal weapons” have been reported since then. According to recent media reports, the death toll has crossed 90. Ambulances carrying the injured also have borne the brunt of the violence. Hundreds of security force personnel have also sustained sever injuries.
Initially after the demonetisation and remonetisation drive some senior members of the establishment in Delhi proudly declared that this move had silenced the protesters who could no longer be “paid” in the old currency and that the financing of terror had been plugged. However, recently, the armed forces are reported to have recovered some new currency notes from amongst the belongings of “terrorists” who reportedly shot dead during operations. This indicates, while the old currency notes have been rendered useless, the channels of fund flow are alive and kicking with the new currency notes doing the job. This is a major cause for concern. The demonetisation drive seems to have treated only the symptom and not the disease of “terror financing” itself.

MHA Committee report on riot control methods remains a secret

Soon after the media reported instances of numerous youngsters being injured severely by pellet guns, resulting in extensive eye damage, many of whom were innocent bystanders, the Government of India announced the formation of a committee to study existing and alternative methods of crowd control. The 7-member committee is said to have submitted its report to the Government. This report has not been officially placed in the public domain. There is an urgent need to make the report public. A similar report prepared in 2010 was made public by the Delhi Police after I filed an RTI application. There is no reason why the 2016 report should not be made public, especially, when organisations like OFK are manufacturing ammunition for riot control without knowledge of what their impact is on the human body.
This is an issue of immense public interest. I hope readers will also start seeking such information from the Central and the State Governments as well as the law enforcement agencies that are operating in J&K.

*Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

TRENDING

The silencing of conscience: Ideological attacks on India’s judiciary and free thought

By Sunil Kumar*  “Volunteers will pick up sticks to remove every obstacle that comes in the way of Sanatan and saints’ work.” — RSS Chief Mohan Bhagwat (November 6, 2024, Chitrakoot) Eleven months later, on October 6, 2025, a man who threw a shoe inside the Supreme Court shouted, “India will not tolerate insults to Sanatan.” This incident was not an isolated act but a continuation of a pattern seen over the past decade—attacks on intellectuals, writers, activists, and journalists, sometimes in the name of institutions, sometimes by individual actors or organizations.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

Citizens’ group to recall Justice Chagla’s alarm as India faces ‘undeclared' Emergency

By A Representative  In a move likely to raise eyebrows among the powers-that-be, a voluntary organisation founded during the “dark days” of the Indira Gandhi -imposed Emergency has announced that it will hold a public conference in Ahmedabad to highlight what its office-bearers call today’s “undeclared Emergency.”

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

'Violation of Apex Court order': Delhi authorities blamed for dog-bite incidents at JLN Stadium

By A Representative   People for Animals (PFA), led by Ms. Ambika Shukla, has held the Municipal Corporation of Delhi (MCD) responsible for the recent dog-bite incidents at Jawaharlal Nehru Stadium, accusing it of violating Supreme Court directions regarding community dogs. The organisation’s on-ground fact-finding mission met stadium authorities and the two affected coaches to verify details surrounding the incidents, both of which occurred on October 3.