A representation has been filed before the Supreme Court, urging it to take notice of the alleged encounter killing of Bharat Bhushan Tiwari in Bihar’s Bhojpur district. The plea requests the court to direct the registration of an FIR, an independent investigation, and adherence to the apex court’s guidelines on police encounter deaths. The representation, addressed to Chief Justice of India (CJI) Justice Surya Kant, emphasizes the need for a court-monitored probe, preferably by the CBI or an SIT, into the incident that occurred on June 17 in Bilauti village.
The representation highlights concerns about the rule of law, constitutional protections, and compliance with the Supreme Court’s guidelines in cases involving police encounters. It mentions allegations from family members and villagers that Tiwari had surrendered to the police and discarded his pistol before being shot. Videos circulating in the public domain suggest circumstances indicating surrender before the shooting, with claims that the deceased was unarmed at the time.
Family members and villagers assert that Tiwari, a graduate known for addressing issues through social media, did not pose an immediate threat when he surrendered. The representation questions the use of lethal force in such a situation, stating that if a person has surrendered and does not pose an imminent threat, the use of lethal force may be unlawful and subject to investigation. Referring to legal precedents, it stresses the need for mandatory procedures in cases of encounter deaths, including FIR registration, independent investigations, and reporting to human rights bodies.
The representation also raises concerns about the suspension of police personnel involved in the operation, suggesting potential issues with the encounter’s legality. It notes that protestors demanding justice have faced criminal proceedings, creating fear among witnesses and affected individuals. Seeking judicial intervention, the representation calls for an independent investigation, preservation of evidence, and transparent handling of the case to uphold the rule of law.
Amid the growing controversy over the Bhojpur encounter, the Bihar government has initiated a judicial inquiry into the incident. Chief Minister Samrat Choudhary announced an independent probe by a retired High Court judge to examine all aspects of the case. Political leaders have expressed doubts about the police version of events, with calls for a thorough investigation and accountability for those responsible.
