The Bihar government has told the Supreme Court that the use of force during student protests in the state was not “disproportionate” and denied that police action was intended to cause harm to protesters. The response came in petitions before the Court alleging excessive police action during demonstrations over examination-related issues.
The State, however, acknowledged that an AK-47 was fired during the protest in Siwan and said the constable involved had since been suspended.
Background
According to the Bihar government's counter affidavit, the police deployment near JP Chowk in Siwan was inadequate as the crowd situation escalated. The State said a constable became trapped in the crowd and fired four rounds from an AK-47 into the air.
“No one was injured from the bullets of AK-47,” the affidavit stated.
The government also admitted that an Assistant Sub-Inspector fired two rounds from a 9 mm pistol near Hathi Chowk to disperse the crowd. Three protesters suffered what the State described as “minor firearms injuries”. It maintained that those injuries were not caused by the AK-47 and said a ballistic examination was still underway.
The Bihar government specifically stated that an AK-47 is a “platoon-level weapon” meant for special operations and not ordinarily for law-and-order situations. It also said the Director General of Police had issued instructions concerning the use of such rifles.
The constable who fired the weapon has been suspended for what the State described as “undesired conduct”, with departmental proceedings initiated against him.
The affidavit further said protests became violent at several locations, with allegations of vandalism and stone-pelting. Bihar claimed that 157 police personnel and seven public servants were injured. At Chapra, it said several officers were injured during violence, including two block development officers.
The Supreme Court had earlier directed authorities to preserve CCTV, drone and body-camera footage, along with other records connected with the protests. It also ordered protection of protesters' personal and digital information and directed the release of eligible minors and students without criminal antecedents. The bench comprised Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana.
The Court's proceedings continued on the basis of the State's response and its earlier interim directions concerning the protests and police action.
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