SupremeCourt – Top Court to Hear Plea Seeking Probe Into Bhojpur Encounter Death
SupremeCourt – The Supreme Court is set to examine a Public Interest Litigation (PIL) on Tuesday that calls for an independent investigation into the alleged encounter death of Bharat Bhushan Tiwari in Bihar’s Bhojpur district. The petition also raises wider concerns over alleged extra-judicial killings and what it describes as the increasing trend of “half encounters” in different parts of the country.
Supreme Court Bench to Take Up the Matter
According to the cause list available on the Supreme Court’s official website, the matter is scheduled to be heard by a Bench comprising Justices M.M. Sundresh and Sheel Nagu. The petition has been filed by advocate Vishal Tiwari, who has appeared before the court as petitioner-in-person. The Union of India, the Bihar government, the Director General of Police, and the Central Bureau of Investigation (CBI) have been named as respondents in the case.
Earlier, the petitioner had requested an urgent hearing before a Bench headed by Justice B.V. Nagarathna. However, the court declined the request for immediate listing and advised the petitioner to follow the regular listing procedure through the Supreme Court registry.
Demand for FIR and Independent Investigation
The PIL seeks directions for the registration of an FIR regarding the June 17 encounter in which Bharat Bhushan Tiwari lost his life. It also requests a judicial inquiry headed by a retired Supreme Court judge along with an investigation by the CBI into the circumstances surrounding the incident.
The petition argues that encounter killings, if carried out outside the legal framework, amount to extra-judicial executions and undermine the rule of law. It states that repeated claims made in several encounter cases, where police personnel assert that the accused attempted to snatch a weapon or fired at officers while trying to escape, require thorough and impartial scrutiny through established legal procedures.
Questions Raised Over Bhojpur Incident
The plea highlights that Bharat Bhushan Tiwari, aged 28, was killed only a few hours after he reportedly streamed a Facebook Live video in which he allegedly expressed his willingness to surrender provided certain conditions were fulfilled.
The petition also relies on allegations made by his father, Kashinath Tiwari, who has claimed that his son did not have any criminal record, pending FIR, or charge sheet against him. He further alleged that Bharat Bhushan Tiwari was shot despite having surrendered and laid down his weapon.
According to the petition, the incident sparked protests in the village, where local residents demanded an impartial inquiry to determine whether the use of deadly force was justified after the alleged surrender.
Plea Seeks Wider Safeguards Against Extra-Judicial Killings
Beyond the Bhojpur case, the PIL has urged the Supreme Court to issue directions aimed at preventing extra-judicial killings and the practice described in the petition as “half encounters.” It has sought strict implementation of the guidelines laid down by the Supreme Court in the PUCL judgment governing investigations into police encounter deaths.
The petitioner contends that allowing law enforcement agencies to act as the final authority in matters involving punishment would violate constitutional principles. It argues that the authority to determine guilt and impose punishment rests exclusively with the judiciary and not with the police.
The petition further maintains that alleged fake encounters violate the fundamental rights to life and personal liberty guaranteed under the Constitution. It has also referred to recent alleged encounter incidents in Uttar Pradesh, claiming that judicial intervention is necessary to ensure accountability, protect constitutional rights, and reinforce adherence to the rule of law across the country