‘Constable Got Trapped’: Bihar Govt Tells SC Why 4 AK-47 Rounds Were Fired During NEE
‘Constable Got Trapped’: Bihar Govt Tells SC Why 4 AK-47 Rounds Were Fired During NEET Protests
M.U.H
18/08/202645
The Bihar government has told the Supreme Court that the constable, who had fired four rounds from an AK-47 into the air, had got trapped in a crowd during student protests in Siwan, while denying allegations that police used disproportionate force against protesters.
In a counter affidavit filed before the top court, the state said no one was injured by the AK-47 firing near JP Chowk and maintained that the weapon was used when the police force deployed at the spot was unable to control the situation.
The affidavit was filed in petitions alleging police brutality against students protesting over the NEET issue.
What Happened In Siwan?
According to the state, the police deployment in Siwan was inadequate as the protests escalated, prompting authorities to call in additional personnel.
Near JP Chowk, the state said, one of the constables was surrounded and trapped in the crowd, following which he fired four rounds from his AK-47 “in the air".
“No one was injured from the bullets of AK47," the Bihar government said in its affidavit.
The constable has since been suspended, with the state saying departmental proceedings have also been initiated against him for “undesired conduct".
The state also stressed that an AK-47 is not ordinarily meant for crowd-control situations.
“AK47 is a platoon-level weapon to be used in special operations, not law and order situations," the affidavit said.
The Bihar government added that the Director General of Police has issued instructions regarding the use of AK-47 rifles.
Three Protesters Suffered Firearm Injuries
The state, however, acknowledged another instance of firearm use during the protests.
Near Hathi Chowk, an Assistant Sub-Inspector fired two rounds from his 9 mm pistol to disperse the crowd, the affidavit said. Three protesters suffered “minor firearms injuries" in the incident.
The government maintained that these injuries were not caused by the AK-47 and that the three protesters were not present at the location where the assault rifle was fired.
A ballistic examination is still underway to determine the weapon involved, along with the distance, angle and other circumstances of the firing, the affidavit said.
The state has otherwise denied using “disproportionate force" to cause harm to protesters.
Bihar Cites Violence, Injured Police Personnel
Defending the police action, the state claimed that protests turned violent at several locations, including Gandhi Maidan near Ghulam Chowk, Jehanabad, Patna, Chapra, Bhagalpur, Sitamarhi, Aurangabad, Katihar, Kishanganj and Siwan.
At Chapra on July 25, the government said the protest remained peaceful until noon, after which an “unruly mob of anti-social elements" allegedly joined the crowd and began vandalism and stone-pelting.
The violence left two block development officers (BDOs), three police inspectors, two sub-inspectors and 11 constables injured, according to the affidavit.
The state said one BDO lost an eye, while another suffered a severe head injury after being struck by a heavy projectile and was battling for his life.
Overall, the government claimed that 157 police personnel and seven public servants were injured during the protests.
The affidavit also acknowledged the use of tear gas and water cannons, saying these resulted in injuries to protesters.
The state attributed some of the violent incidents to calls by AISA and RYA, student organisations affiliated with CPI(ML), while claiming that a protest call issued by the Cockroach Janta Party on July 24 had no visible impact in Bihar.
69 FIRs, 500 Arrests
According to the affidavit, 69 FIRs were registered, and 500 people were arrested across Bihar between July 22 and July 25.
The state said it had complied with the Supreme Court’s directions concerning protesters without criminal antecedents.
As many as 222 student protesters with no criminal antecedents were released on bail, while 75 children were released by the Juvenile Justice Board, it said.
The government further said all children below 18 who had been arrested or detained in connection with the protests and had no criminal antecedents were released after they or their family members executed a simple bond.
It also said the Bihar Police was not taking coercive action against protesting students with no criminal antecedents.
Protesters’ Data To Remain Private
The Bihar government said it had also directed officials to preserve all video footage and other records related to the protests in accordance with the Supreme Court’s directions.
The state further said personal information and digital data collected from protesters would not be disclosed in the public domain or on social media “for the time being".
It said it had also complied with the direction that details of protesters, particularly students, should not be published.
The affidavit comes amid petitions before the Supreme Court alleging police excesses during the student protests and seeking accountability for the treatment of protesters.
The protests erupted after the NEET question paper was allegedly leaked in May, prompting a re-test for the medical entrance exam taken by more than two million students.
The demonstrations, led by Cockroach Janta Party, continued for nearly five weeks, with the controversy eventually leading to the resignation of then Education Minister Dharmendra Pradhan.
