New Delhi: A Public Interest Litigation (PIL) has been filed in the Supreme Court seeking the registration of an FIR and an independent investigation into the alleged extra-judicial killing of 28-year-old Bharat Bhushan Tiwari, who died during a police encounter in Bihar’s Bhojpur district last week.
The petition, filed by advocate Vishal Tiwari, seeks a judicial inquiry headed by a former Supreme Court judge and a court-monitored probe by the Central Bureau of Investigation (CBI). It also raises broader concerns about the growing trend of alleged fake encounters and extra-judicial killings across the country.
The matter was mentioned on Monday before a Bench led by Justice B.V. Nagarathna for urgent listing. However, the Bench declined to grant an immediate hearing and directed the petitioner to approach the Registrar for listing the case through the regular procedure.
Bharat Bhushan Tiwari, a resident of Bilauti village in Bihar’s Bhojpur district, was killed on June 17 during a police operation. His family has alleged that he had already surrendered and discarded his weapon when police personnel opened fire, resulting in his death.
The Bihar government has already ordered a judicial inquiry into the incident.
Police, however, have maintained that Tiwari continued firing at the force, forcing officers to retaliate in self-defence. According to the police version, he sustained a gunshot injury to his leg during the exchange of fire and later died while being transported to Patna Medical College and Hospital for treatment.
In the PIL, the petitioner argued that incidents of alleged extra-judicial killings have increased in recent years and pose a serious challenge to the rule of law. He contended that police authorities cannot assume the role of judge and executioner in a democratic society.
The petition states that justifying such killings on the grounds that the deceased was allegedly involved in criminal activities would undermine the justice system and promote a dangerous “eye for an eye” approach.
The plea also seeks directions to the Centre to issue an advisory to all states and Union Territories to strictly implement the Supreme Court’s 2014 guidelines on police encounters laid down in the PUCL case.
Referring to social media activity before the incident, the petitioner claimed that Bharat Bhushan Tiwari had gone live on Facebook and expressed his willingness to surrender if certain demands were met. The petition further states that police themselves had earlier described him as mentally unwell and had indicated efforts were being made to take him into custody safely and ensure medical treatment.
Citing statements attributed to the victim’s father, the PIL claims that Tiwari had no criminal record, no registered FIRs or charge sheets against him, and was engaged in social work. The family has alleged that he had surrendered before being fatally shot by police personnel.
The case is expected to come up for listing before the Supreme Court in the coming days.
