Cop Trapped During Protest Fired AK-47, No One Hurt, Bihar Tells Supreme Court

Under fire over the use of an AK-47 rifle by a police official during the last month's students' protest in Bihar, the state government has clarified its position in the Supreme Court.

In its affidavit in the Supreme Court, the Bihar government has denied allegations of "disproportionate use of force" by the police. The government said that when the law-and-order situation deteriorated, the police took necessary steps to control the crowd.

On the incident of firing from an AK-47 by a police officer in Siwan, the video of which had gone viral, the state government has stated that a constable who got trapped in the protesting crowd fired four rounds in the air.

According to the government, no protester was injured by the bullets fired from the AK-47. The government has, however, conceded that the weapon should not have been used in a law-and-order situation.

Calling the AK-47 a "platoon-level weapon", the government said it is meant for special operations, not for crowd control.

It also informed the court that the constable has been suspended and a departmental probe is underway. It further added that the state DGP has also issued directions regarding the use of AK-47s.

The government has informed the court that although three protesters received "minor gunshot wounds", none was hurt by the AK-47 bullets. It added that none of the injured protesters was present at the spot where the constable opened AK-47 fire.

A ballistic examination is underway to ascertain details such as the type of weapon, distance of firing and angle of firing to establish the facts related to the gunshot wounds suffered by the three protesters.

The affidavit was filed in response to PILs over alleged police brutality during student protests in the state.

On the other incident of firing, the government has stated that an Assistant Sub-Inspector fired two rounds from his 9mm pistol to disperse the crowd at Haathi Chowk.

The state government has further stated in the court that a total of 69 FIRs were registered in relation to protests between July 22 and 25, and 500 protesters were arrested.

It added that as per Supreme Court directions, 222 student protesters with no criminal history were released on bail, while 75 juveniles were released through the Juvenile Justice Board.

The government added that all children below 18 years of age with no criminal record have been released on a simple bond. Police claim that no stringent action is currently being taken against protesting students with no criminal background.

In its reply, the government said the situation turned violent at several places during the protests, including Gandhi Maidan, Jehanabad, Patna, Chhapra, Bhagalpur, Sitamarhi, Aurangabad, Katihar, Kishanganj and Siwan. In Chhapra, it has been alleged that some anti-social elements joined the protesters on July 25 and indulged in vandalism and stone pelting.

According to the government, two BDOs, three police inspectors, two sub-inspectors and 11 constables were injured during this protest. Listing out the injuries to the officials, the government has stated that one BDO lost an eye, while the other suffered serious head injuries after being hit by a heavy object and his condition was stated to be serious.

A total of 157 police personnel and 7 government employees were injured, according to the Bihar government. The government has also admitted to the use of tear gas and water cannons by police and acknowledged that protesters were injured as a result.