Plea in SC Seeks Independent Probe Into Bihar Encounter Killing

New Delhi: A petition has been filed in the Supreme Court seeking an independent probe into the alleged extra-judicial killing of Bharat Bhushan Tiwari in a police encounter in Bihar.

The plea, filed by advocate Vishal Tiwari, sought constitution of an expert committee headed by a former Supreme Court judge and a CBI investigation into the incident, citing the need for an impartial inquiry.

The incident, which took place on June 17 in Bhojpur district, has triggered controversy, with the victim’s family alleging that he had surrendered and discarded his weapon before being shot. The Bihar government has announced a judicial inquiry into the matter.

The plea was mentioned for urgent listing before a bench of Justices B.V. Nagarathna and Joymalya Bagchi, which directed the petitioner to approach the registrar.

In the petition, it was contended that the police cannot assume punitive powers in a democratic system and that such authority rests with the judiciary.

Referring to the incident, the plea said it had raised concerns over police procedures and use of force during encounters, and alleged an increase in such cases in Bihar in recent years.

It described the killing as “suspicious” and warned that justifying such actions on the basis of criminal antecedents would undermine the rule of law.

The plea also cited a 2014 Supreme Court judgment laying down guidelines for investigation of police encounters and sought directions to the Centre to ensure compliance by states.

According to the petition, Tiwari succumbed to injuries while being taken to a hospital in Patna.

The police, in their initial statement, said Tiwari had fired at personnel, prompting retaliatory action in self-defence, during which he sustained a bullet injury. They had described him as “mentally unsound”, while family members said he was a public activist raising local issues.