A Public Interest Litigation (PIL) has been filed in the Supreme Court seeking the registration of a First Information Report (FIR) in the alleged extra-judicial killing of 28-year-old Bharat Bhushan Tiwari, who was killed in a police encounter in Bhojpur district of Bihar last week. The PIL also demands an independent judicial inquiry headed by a former Supreme Court judge and an impartial probe by the Central Bureau of Investigation (CBI).
Supreme Court declines urgent listing
The PIL was mentioned on Monday before a Bench led by Justice BV Nagarathna for urgent listing. However, the Bench declined the request and asked the petitioner’s counsel to first approach the Registrar for listing of the matter. The court did not set a specific date for hearing.
Petitioner Vishal Tiwari, who filed the PIL, raised broader concerns about “extra-judicial killings” and the growing “encounter culture” in the country. He argued that such incidents undermine the rule of law and that police cannot be allowed to act as a punishing authority, as that power is vested only in the judiciary.
Details of the encounter
Bharat Bhushan Tiwari, a resident of Bilauti village in Bhojpur district, was allegedly killed in a fake encounter on June 17. His family claimed that he had surrendered and discarded his weapon, but police fatally shot him nonetheless. The Bihar Government announced a judicial inquiry into the incident on Saturday.
However, police claimed that Tiwari persistently fired at them, prompting retaliatory firing in “self-defence,” during which he sustained a bullet injury in his leg. He died while being taken to Patna Medical College and Hospital for treatment.
Petitioner’s arguments
“The incidents of extra-judicial killings have increased in the past few years, which is a big challenge to the rule of law,” petitioner Vishal Tiwari said, adding that police encounters have increased sharply across Bihar. He submitted that in a democratic society, the police cannot be allowed to become a punishing authority, as this power is vested only in the judiciary.
“Fake encounters or deaths/murder of accused in police custody/jail weakens the rule of law, and if these killings will be justified by saying that the killed accused was a gangster or having antecedents of criminal cases, then it would be leading the society towards the law of ‘eye for an eye’,” the petitioner submitted.
Demand for compliance with SC guidelines
The PIL sought a direction to the Centre to issue an advisory to all chief secretaries of states to comply with the Supreme Court’s 2014 directions and guidelines in the PUCL case, which laid down procedures for investigating encounter deaths.
The petitioner contended that Bharat Bhushan Tiwari was live on Facebook before the incident and had expressed willingness to surrender if his demands were met. Describing him as a mentally unwell man, the police had said efforts were on to take him into custody safely and provide him medical treatment, the PIL stated.
Victim’s background
Citing statements attributed to the victim’s father, the PIL submitted that the deceased had no criminal record, no FIRs or charge sheets against him, and was involved in social work. He had discarded his weapon and surrendered before being shot dead by police personnel, the PIL alleged.
