The Bihar government told the Supreme Court that the
use of an AK-47 rifle during student protests in Siwan did not cause any harm
to the protesters. The government, however, admitted that the rifle is a
platoon-level weapon to be used in special operations, and not in law and order
situations.
The submission came on Monday in a counter-affidavit
filed by the Bihar government before the top court in response to PILs alleging
police brutality against student protesters during last month's protests over
the Neet paper leak. The state denied using “disproportionate force” to harm the
protesters.
According
to the government, four shots were fired into the air by one of the constables,
who got trapped in the crowd, but no one was injured.
It
further said in the affidavit that near Hathi Chowk, an ASI fired two rounds
from his 9 mm pistol to disperse the mob, and three protesters suffered “minor
firearms injuries.
The
three protesters, who suffered minor injuries, were not injured by the AK-47
rifle, nor were they present at the location where the rifle was used, the
state government said, adding that a ballistic examination is ongoing to
determine the type of weapon, distance of fire, angle of fire, among other
things.
The
affidavit said that the AK-47 is a platoon-level weapon to be used in special
operations, not law and order situations, and that the State DGP has issued
instructions on its use.
It
added that the constable who fired the AK47 rifle has been suspended for
“undesired” conduct and departmental proceedings have been initiated against
him, LiveLaw’s report stated.
The
Bihar government also said that protesters damaged public property and that
several police personnel handling the law and order situation were deliberately
attacked by “anti-social elements”.
The
affidavit said the protests turned violent in several parts of the state,
including Patna, Jehanabad, Chapra, Bhagalpur, Sitamarhi, Aurangabad, Katihar,
Kishanganj and Siwan. It added that 157 police personnel and seven public
servants were injured.
Furthermore,
the state government acknowledged using tear gas and water cannons, which
caused injuries to protesters.
In
response to the Supreme Court’s directions, the state government said it
instructed the Additional DGP to preserve all video footage and other records
related to the protests. It added that personal information and digital data
collected from protesters would not be disclosed publicly or on social media
“for the time being".
The
affidavit also said that no details of the protesters, particularly students,
would be published, and that Bihar Police was not taking coercive action
against students with no criminal antecedents. It added that all those below 18
who were arrested or detained in connection with the protests and had no
criminal antecedents had been released on a simple bond executed by them or
their family members.