AK-47 fired in air, no injuries: Bihar govt tells Supreme Court

The Bihar government told the Supreme Court a constable fired an AK-47 in the air during student protests after being trapped, causing no injuries. The state denied using excessive force but confirmed the constable has been suspended.

The Bihar government has informed the Supreme Court that a constable deployed during student protests in Siwan fired four rounds from an AK-47 only after he became trapped and surrounded by a protesting crowd, maintaining that the firing was directed into the air and did not cause injuries to any protesters.

The State government's response was filed before the apex court in proceedings arising from petitions alleging excessive use of force by police during protests associated with the Cockroach Janta Party (CJP)-led student movement.

State Defends Firing Incident

In its affidavit, the Bihar government said the incident involving the AK-47 took place on July 25 near JP Chowk in Siwan, where constable Abhishek Kumar was allegedly surrounded by protesters. According to the State, Kumar "got trapped in the crowd" and fired four rounds from his AK-47 "in the air" to deal with the situation. The government maintained that none of the protesters sustained injuries as a result of this particular firing.

The State further submitted that three protesters did suffer minor firearm injuries during the police action that day. However, it clarified that those injuries were not caused by the AK-47 firing by Abhishek Kumar and that the injured individuals were not present at the location from where the constable had fired.

Other Instances of Firing

The affidavit also referred to another instance of firing during the protests. Assistant Sub-Inspector Nilesh Kumar Singh allegedly fired two rounds from his 9mm pistol near Hathi Chowk in an attempt to disperse the crowd.

Police Restraint and Action Taken

The Bihar government maintained before the Supreme Court that the police had exercised restraint during the protests and did not resort to disproportionate force against demonstrators. The State's submission comes against the backdrop of allegations by petitioners that police action during the student protests involved excessive use of force. The protests have attracted attention over allegations concerning police conduct and the handling of demonstrators.

The government, however, sought to present the July 25 firing as a response to a situation in which the constable was surrounded by the crowd. It also emphasised that the AK-47 was not a weapon meant for routine crowd-control or regular law-and-order deployment.

The State informed the court that Abhishek Kumar has been suspended following the incident for what it described as "undesired conduct". Departmental proceedings have also been initiated against him. The government further clarified that the AK-47 carried by Kumar was a "platoon-level weapon" intended for special operations and was not meant to be deployed for routine law-and-order duties. The distinction assumes significance in the context of the allegations before the Supreme Court, as the use of an assault rifle during a protest has emerged as one of the issues surrounding the police response in Siwan.

Ongoing Legal Proceedings

While the State has maintained that the constable resorted to firing only after being surrounded and that his rounds were fired into the air, the petitions before the Supreme Court have raised broader concerns regarding the use of force against protesters. The government's affidavit is part of the ongoing proceedings before the apex court, which is examining allegations concerning the police response to the protests.

The State has denied that its personnel used disproportionate force and has placed the circumstances surrounding the July 25 incident before the court. The suspension of the constable and initiation of departmental proceedings indicate that the State has taken action against his conduct, even as it continues to defend the broader conduct of the police during the protests. Further proceedings before the Supreme Court are expected to examine the competing claims regarding the circumstances of the firing, the injuries sustained during the police action and whether the force used by authorities was proportionate to the situation. (ANI)

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